Tripathy v. Feuz et al
| Sanjay Tripathy |
| Jeff McKoy, Ryan Brotz, Brian McAllister and Anthony Annucci |
| 6:2022cv06469 |
| October 27, 2022 |
| US District Court for the Western District of New York |
| Rochester Office |
| Frank P Geraci |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 15, 2023. A more recent docket listing may be available from PACER.
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Filing 73
TEXT ORDER granting #72 Motion for Extension of Time to Answer. Defendants' answer is due on or before 2/10/2023. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 12/20/2022. (MDS)This was mailed to: Pro Se Plaintiff.
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Filing 72
MOTION for Extension of Time to File Answer re #71 MOTION for Extension of Time to File Answer re #64 Memorandum & Opinion,,,,,,,,, Add and Terminate Parties,,,,,,,, by Anthony Annucci, Ryan Brotz, Brian McAllister, Jeff McKoy.(McKay, Heather)
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Filing 71
MOTION for Extension of Time to File Answer re #64 Memorandum & Opinion,,,,,,,,, Add and Terminate Parties,,,,,,,, by Anthony Annucci, Ryan Brotz, Brian McAllister, Jeff McKoy.(McKay, Heather)
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Filing 70
NOTICE of Appearance by Heather Lynn McKay on behalf of Anthony Annucci, Ryan Brotz, Brian McAllister, Jeff McKoy (Attachments: #1 Service Letter)(McKay, Heather)
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Clerk updated plaintiff's address to: Sanjay Tripathy, 2013 Jadewood Drive, Morrisville, NC 27560. (JHF)
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Filing 69
NOTICE of Change of Address by Sanjay Tripathy. Plaintiff's address previously changed to: Sanjay Tripathy, 18-R-1673, COLLINS CORRECTIONAL FACILITY, Box 340, Collins, NY 14034-0340. (Attachments: #1 Envelope) (JHF)
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Filing 68
Letter from Sanjay Tripathy, dated 11/14/22, to Pro Se Unit. (RE)
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E-Filing Notification: #67 MOTION for Reconsideration, attached additional scan of envelope for legibility. (RE)
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Filing 67
MOTION for Reconsideration by Sanjay Tripathy. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Envelope)(RE) (Additional attachment(s) added on 11/15/2022: #4 Envelope) (RE).
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Filing 66
Case transferred in from District of New York Southern; Case Number 7:21-cv-05349.
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Remark: Plaintiff has been mailed a pro se packet including a privacy notice, consent to proceed before a Magistrate Judge, and a civil case timeline. (CGJ)
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Filing 65
CLERK'S JUDGMENT re: #64 Memorandum & Opinion in favor of DOCCS, New York State Board of Examiners for Sex Offenders, New York State Board of Parole, Anthony Annucci, Brian Mcallister, Edward Burnett, Jacqueline Reid, Jeff McKoy, John Wood, Luis Gonzalez, Maria Feuz, Michele Harrington, Ryan Brotz, Tina M. Stanford against Sanjay Tripathy. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated October 24, 2022, the motion to dismiss under Rule 12(b)(1) is GRANTED as to plaintiffs claims for declaratory and injunctive relief against the Fishkill Defendants. The motion to dismiss under Rule 12(b)(6) is GRANTED as to the Fishkill Defendants and the Albany Defendants. The motion to dismiss under Rule 12(b)(3) is DENIED. The motion to transfer this action as against Dr. Ryan Brotz and the DOCCS Defendants is GRANTED. All claims against the Fishkill Defendants and the Albany Defendants are dismissed. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from the order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). The action is transferred to the U.S. District Court for the Western District of New York. (Signed by Clerk of Court Ruby Krajick on 10/26/2022) (Attachments: #1 Right to Appeal) (km) [Transferred from nysd on 10/27/2022.]
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Opinion & Order #64 was mailed to plaintiff on 10-26-22..(dh) [Transferred from nysd on 10/27/2022.]
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Transmission to Office of the Clerk of Court. Transmitted re: #65 Clerk's Judgment to the Office of the Clerk of Court for processing..(km) [Transferred from nysd on 10/27/2022.]
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CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - Western District of New York. (mml) [Transferred from nysd on 10/27/2022.]
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Filing 64
OPINION AND ORDER re: #55 FIRST MOTION to Dismiss Amended Complaint filed by Jacqueline Reid, Andrew M. Cuomo, Tina M. Stanford, Edward Burnett, Luis Gonzalez, Anthony Annucci, John Wood, Maria Feuz, Ryan Brotz, Brian Mcallister, Jeff McKoy, Michele Harrington, State of New York. The motion to dismiss under Rule 12(b)(1) is GRANTED as to plaintiff's claims for declaratory and injunctive relief against the Fishkill Defendants. The motion to dismiss under Rule 12(b)(6) is GRANTED as to the Fishkill Defendants and the Albany Defendants. The motion to dismiss under Rule 12(b)(3) is DENIED. The motion to transfer this action as against Dr. Ryan Brotz and the DOCCS Defendants is GRANTED. All claims against the Fishkill Defendants and the Albany Defendants are dismissed. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk is directed to terminate from this action defendants Maria Feuz, Jacqueline Reid, Luis Gonzalez, John Wood, Edward Burnett, Kathy Hochul, Tina Stanford, and Michelle Harrington. The Clerk is further directed to transfer this action to the U.S. District Court for the Western District of New York and terminate the motion. (Doc. #55). Chambers will mail a copy of this Opinion and Order to plaintiff at the address on the docket. SO ORDERED. Maria Feuz (Sociall Worker), Luis Gonzalez (ADSP, Programs, Fishkill CF), Michele Harrington (Chairsperson, New York State Board of Examiners Sex Offenders), Jacqueline Reid (SORC), Tina M. Stanford (Chairperson, New York State of Parole), John Wood (DSP, Programs, Fishkill CF), Edward Burnett (Superintendent, Fishkill CF) and Andrew M. Cuomo ([now Kathy Hochul] Governor of the State of New York) terminated. (Signed by Judge Vincent L. Briccetti on 10/24/2022) (mml) Transmission to Orders and Judgments Clerk for processing. Modified on 10/25/2022 (mml). [Transferred from nysd on 10/27/2022.]
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Transmission to Office of the Clerk of Court. Transmitted re: #64 Memorandum & Opinion to the Office of the Clerk of Court for processing. (mml) [Transferred from nysd on 10/27/2022.]
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Filing 63
AFFIDAVIT OF SERVICE of Reply Brief served on Sanjay Tripathy on July 26, 2022. Service was made by MAIL. Document filed by Anthony Annucci, Ryan Brotz, Edward Burnett, Andrew M. Cuomo, Maria Feuz, Luis Gonzalez, Michele Harrington, Jeff McKoy, Brian Mcallister, Jacqueline Reid, Tina M. Stanford, State of New York, John Wood..(Shevlin, Neil) [Transferred from nysd on 10/27/2022.]
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Filing 62
REPLY MEMORANDUM OF LAW in Support re: #55 FIRST MOTION to Dismiss Amended Complaint. . Document filed by Anthony Annucci, Ryan Brotz, Edward Burnett, Andrew M. Cuomo, Maria Feuz, Luis Gonzalez, Michele Harrington, Jeff McKoy, Brian Mcallister, Jacqueline Reid, Tina M. Stanford, State of New York..(Shevlin, Neil) [Transferred from nysd on 10/27/2022.]
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Filing 61
ORDER On 7/11/2022, plaintiff's response to defendants' motion to dismiss the amended complaint was docketed. (Doc. #60). Accordingly, defendants' deadline to file a reply was 7/18/2022. To date, defendants have not filed a reply. Accordingly, the Court sua sponte extends defendants' deadline to file a reply to 7/26/2022. If defendants do not file a reply by 7/26/2022, the Court will deem defendants' motion fully submitted. Chambers will mail a copy of this Order to plaintiff at the address on the docket. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (jsy) [Transferred from nysd on 10/27/2022.]
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Filing 60
LETTER addressed to Judge Vincent L. Briccetti from S. Tripathy, dated 7/7/22 re: PETITIONER'S RESPONSE TO DEFENDANT'S MOTION TO DISMISS THE AMENDED COMPLAINT - TO BE SET ASIDE, DISCOVERY TO COMMENCE IN PREPARATION OF A JURY TRIAL, WITH INJUNCTIVE/DECLARATORY & MONETARY RELIEF AWARDED. Document filed by Sanjay Tripathy. (Attachments: #1 Exhibit 1)(sc) [Transferred from nysd on 10/27/2022.]
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Filing 59
AFFIDAVIT OF SERVICE of Motion to Dismiss served on Sanjay Tripathy on June 27, 2022. Service was made by Mail. Document filed by Anthony Annucci, Ryan Brotz, Edward Burnett, Andrew M. Cuomo, Maria Feuz, Luis Gonzalez, Michele Harrington, Jeff McKoy, Brian Mcallister, Jacqueline Reid, Tina M. Stanford, State of New York, John Wood..(Shevlin, Neil) [Transferred from nysd on 10/27/2022.]
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Filing 58
NOTICE of Notice to Pro se Litigant. Document filed by Anthony Annucci, Ryan Brotz, Edward Burnett, Andrew M. Cuomo, Maria Feuz, Luis Gonzalez, Michele Harrington, Jeff McKoy, Brian Mcallister, Jacqueline Reid, Tina M. Stanford, State of New York, John Wood..(Shevlin, Neil) [Transferred from nysd on 10/27/2022.]
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Filing 57
DECLARATION of Joshua Becker in Support re: #55 FIRST MOTION to Dismiss Amended Complaint.. Document filed by Anthony Annucci, Ryan Brotz, Edward Burnett, Andrew M. Cuomo, Maria Feuz, Luis Gonzalez, Michele Harrington, Jeff McKoy, Brian Mcallister, Jacqueline Reid, Tina M. Stanford, State of New York, John Wood. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D).(Shevlin, Neil) [Transferred from nysd on 10/27/2022.]
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Filing 56
MEMORANDUM OF LAW in Support re: #55 FIRST MOTION to Dismiss Amended Complaint. . Document filed by Anthony Annucci, Ryan Brotz, Edward Burnett, Andrew M. Cuomo, Maria Feuz, Luis Gonzalez, Michele Harrington, Jeff McKoy, Brian Mcallister, Jacqueline Reid, Tina M. Stanford, State of New York, John Wood..(Shevlin, Neil) [Transferred from nysd on 10/27/2022.]
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Filing 55
FIRST MOTION to Dismiss Amended Complaint. Document filed by Anthony Annucci, Ryan Brotz, Edward Burnett, Andrew M. Cuomo, Maria Feuz, Luis Gonzalez, Michele Harrington, Jeff McKoy, Brian Mcallister, Jacqueline Reid, Tina M. Stanford, State of New York, John Wood. (Attachments: #1 Exhibit Amended Complaint, #2 Exhibit Exhibit A, #3 Exhibit Exhibit A, #4 Exhibit Exhibits A-C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J, #12 Exhibit Exhibit K).(Shevlin, Neil) [Transferred from nysd on 10/27/2022.]
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Filing 54
ORDER granting #53 Letter Motion for Extension of Time. APPLICATION GRANTED: By 6/27/2022, defendants shall answer, move, or otherwise respond to the amended complaint. Chambers will mail a copy of this Order to plaintiff at the address listed on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 5/24/2022) Copies Mailed By Chambers. (mml) [Transferred from nysd on 10/27/2022.]
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Set/Reset Deadlines: Anthony Annucci answer due 6/27/2022; Ryan Brotz answer due 6/27/2022; Edward Burnett answer due 6/27/2022; Andrew M. Cuomo answer due 6/27/2022; Maria Feuz answer due 6/27/2022; Luis Gonzalez answer due 6/27/2022; Michele Harrington answer due 6/27/2022; Jeff McKoy answer due 6/27/2022; Brian Mcallister answer due 6/27/2022; Jacqueline Reid answer due 6/27/2022; Tina M. Stanford answer due 6/27/2022; John Wood answer due 6/27/2022. (mml) [Transferred from nysd on 10/27/2022.]
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Filing 53
LETTER MOTION for Extension of Time addressed to Judge Vincent L. Briccetti from Neil Shevlin dated May 23, 2022. Document filed by Anthony Annucci, Ryan Brotz, Edward Burnett, Maria Feuz, Luis Gonzalez, Michele Harrington, Jeff McKoy, Brian Mcallister, Jacqueline Reid, Tina M. Stanford, State of New York, John Wood..(Shevlin, Neil) [Transferred from nysd on 10/27/2022.]
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Filing 52
AMENDED COMPLAINT, re: amending #1 Complaint, against Anthony Annucci, Ryan Brotz, Edward Burnett, Andrew M. Cuomo, Maria Feuz, Luis Gonzalez, Michele Harrington, Jeff McKoy, Brian Mcallister, Jacqueline Reid, Tina M. Stanford with JURY DEMAND.Document filed by Sanjay Tripathy. Related document: #1 Complaint. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(sc) [Transferred from nysd on 10/27/2022.]
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MAILING RECEIPT: Document No: 51. Mailed to: Sanjay Tripathy 18-R-1673 Collins Correctional Facility PO Box 340 Collins, NY 14034-0340. (dsh) [Transferred from nysd on 10/27/2022.]
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Filing 51
ENDORSED LETTER addressed to Judge Vincent L. Briccetti and the Pro Se Intake Unit from Sanjay Tripathy dated 4/13/2022 re: Motion for Declaratory Judgment [FRCP Rule 57] due to Retaliation. ENDORSEMENT: Docket this letter. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 4/25/2022) (mml) [Transferred from nysd on 10/27/2022.]
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Filing 50
ORDER terminating as moot #46 Motion to Dismiss. Accordingly, IT IS HEREBY ORDERED: 1. By May 10, 2022, plaintiff shall file a single, amended complaint that contains all the information necessary for all of his claims, including: the claims brought in his initial complaint (Doc. #1); the claims brought in his first supplemental pleading (Doc. #40); and the claims he seeks to bring in a second supplemental pleading, as described in his letter dated April 13, 2022. This amended complaint shall also address any deficiencies made apparent by the fully briefed arguments in defendants' motion to dismiss. To be clear, the amended complaint will completely replace the original complaint, the supplemental pleading, and their attachments. Therefore, plaintiff should include in the amended complaint all information necessary for his claims. 2. Within 21 days after the amended complaint is filed, defendants may either file an answer to the amended complaint or file a motion to dismiss the amended complaint. If defendants move to dismiss the amended complaint, the Court will set a schedule for plaintiff's opposition and defendants' reply. 3. The Clerk is instructed to terminate the motion to dismiss (Doc. #46) as moot. Chambers will mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. Copies Mailed By Chambers. (Signed by Judge Vincent L. Briccetti on 4/25/2022) (mml) [Transferred from nysd on 10/27/2022.]
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Set/Reset Deadlines: Amended Pleadings due by 5/10/2022. (mml) [Transferred from nysd on 10/27/2022.]
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Filing 49
LETTER addressed to Judge Vincent L. Briccetti from Sanjay Tripathy dated 4/18/2022 re: Petitioner received Defendants Motion on 4/13/2022 anf the Court's Order on Friday 4/15/2022, both via DOCCS Collins CF Legal Mail...Petitioner will work as quickly as possible to present to this Court credible facts that will support his claims and oppose Defendants motion to dismiss. Document filed by Sanjay Tripathy. (ok) [Transferred from nysd on 10/27/2022.]
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Filing 48
ORDER: Accordingly, it is hereby ORDERED that, by no later than April 18, 2022, plaintiff must notify the Court by letter whether he (i) intends to file an amended complaint in response to the motion to dismiss, or (ii) will rely on the complaint that is the subject of the motion to dismiss. If plaintiff elects not to file an amended complaint, the motion will proceed in the regular course, and the Court is unlikely to grant plaintiff a further opportunity to amend to address the purported deficiencies made apparent by the fully briefed arguments in defendants' motion. SeeLoreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC, 797 F.3d 160, 190 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility"); accord F5 Capital v. Pappas, 856 F.3d 61, 89-90 (2d Cir. 2017). The time to file opposing and reply papers shall be governed by the Federal Rules of Civil Procedure and the Local Civil Rules, unless otherwise ordered by the Court. If plaintiff elects to file an amended complaint, he must file the amended complaint by no later than 14 days after notifying the Court of his intent to do so. Within 21 days of such amendment, defendants may either: (i) file an answer to the amended complaint; (ii) file a motion to dismiss the amended complaint; or (iii) notify the Court by letter that they are relying on the initially filed motion to dismiss. Chambers will mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 4/11/2022) Copies Mailed By Chambers. (mml) [Transferred from nysd on 10/27/2022.]
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Filing 47
MEMORANDUM OF LAW in Support re: #46 MOTION to Dismiss . . Document filed by Ryan Brotz, Edward Burnett, Andrew M. Cuomo, DOCCS, J. Feid, Feuz, Luis Gonzalez, Michele Harrington, Jeff McKoy, Brian Mcallister, New York State Board of Examiners for Sex Offenders, New York State Board of Parole, Tina M. Stanford, State of New York, John Wood..(Keane, Michael) [Transferred from nysd on 10/27/2022.]
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Filing 46
MOTION to Dismiss . Document filed by Ryan Brotz, Edward Burnett, Andrew M. Cuomo, DOCCS, J. Feid, Feuz, Luis Gonzalez, Michele Harrington, Jeff McKoy, Brian Mcallister, New York State Board of Examiners for Sex Offenders, New York State Board of Parole, Tina M. Stanford, State of New York, John Wood..(Keane, Michael) [Transferred from nysd on 10/27/2022.]
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Filing 45
NOTICE OF APPEARANCE by Michael James Keane on behalf of Ryan Brotz, Edward Burnett, Andrew M. Cuomo, DOCCS, J. Feid, Feuz, Luis Gonzalez, Michele Harrington, Jeff McKoy, Brian Mcallister, New York State Board of Examiners for Sex Offenders, New York State Board of Parole, Tina M. Stanford, State of New York, John Wood..(Keane, Michael) [Transferred from nysd on 10/27/2022.]
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Filing 44
ORDER granting in part and denying in part #43 Letter Motion for Extension of Time. In the attached letter motion dated March 1, 2022, defendants request an adjournment of their time to respond to plaintiffs complaint (Doc. #1) and supplemental complaint (Doc. #41), from March 8, 2022, to April 8, 2022. (Doc. #43). Defendants request the adjournment to allow sufficient time for the newly added defendants named in the supplemental complaint to review and respond to plaintiffs allegations. In a letter dated February 23, 2022, plaintiff opposes defendants' request because of the unspecified "irreparable harm" that would result from granting the request. (Doc. #42). Plaintiff requests that, in the event the Court adjourns defendants' time to respond to plaintiffs pleadings, the Court issue a "temporary injunction [till case is decided] to prohibit Defendants from moving Petitioner to moderate risk [instead allowing him to complete just low-risk] and not force him to lie/provide any untrue facts." (Id.) For substantially the reasons stated in defense counsel's letter, defendants' request for an adjournment of their time to respond to plaintiffs pleadings is GRANTED. Plaintiffs request for a "temporary injunction" is DENIED. To the extent plaintiff again moves for a preliminary injunction under Fed. R. Civ. P. 65, plaintiff has provided no new facts or arguments demonstrating that he (i) is likely to succeed on the merits of the case, or (ii) will suffer irreparable harm if he is not awarded the "extraordinary and drastic remedy" of preliminary injunctive relief. See Moore v. Consol. Edison Co. of N.Y., Inc., 409 F.3d 506, 510 (2d Cir. 2005) (internal quotation marks and citation omitted). Accordingly, it is HEREBY ORDERED: By April 8, 2022, defendant shall answer, move, or otherwise respond to plaintiffs complaint and supplemental complaint. The Clerk is directed to terminate the letter motion. (Doc. #43). Plaintiff is reminded to notify the Court in writing if his address changes, and that the Court may dismiss the action if plaintiff fails to do so. Chambers will mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 3/2/2022) Copies Mailed By Chambers. (mml) [Transferred from nysd on 10/27/2022.]
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Set/Reset Deadlines: Ryan Brotz answer due 4/8/2022; Edward Burnett answer due 4/8/2022; Andrew M. Cuomo answer due 4/8/2022; DOCCS answer due 4/8/2022; J. Feid answer due 4/8/2022; Feuz answer due 4/8/2022; Luis Gonzalez answer due 4/8/2022; Michele Harrington answer due 4/8/2022; Jeff McKoy answer due 4/8/2022; Brian Mcallister answer due 4/8/2022; Tina M. Stanford answer due 4/8/2022; State of New York answer due 4/8/2022; John Wood answer due 4/8/2022. (mml) [Transferred from nysd on 10/27/2022.]
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Filing 43
LETTER MOTION for Extension of Time addressed to Judge Vincent L. Briccetti from Neil Shevlin dated March 1, 2022. Document filed by Ryan Brotz, Edward Burnett, Feuz, Luis Gonzalez, Michele Harrington, Jeff McKoy, Brian Mcallister, Tina M. Stanford, John Wood..(Shevlin, Neil) [Transferred from nysd on 10/27/2022.]
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Filing 42
LETTER addressed to Judge Cathy Seibel from Sanjay Tripathy dated 2/23/2022 re: Defendants Response [ due 3/8/3033 ] per Court's order to Complaint and Supplemental Pleadings - Objections for any extensions. Document filed by Sanjay Tripathy. (ok) [Transferred from nysd on 10/27/2022.]
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SUMMONS ISSUED as to Ryan Brotz, Brian Mcallister. (aan) [Transferred from nysd on 10/27/2022.]
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Mailed a copy of Summons Issued to Sanjay Tripathy 18-R-1673 Collins Correctional Facility PO Box 340 Collins, NY 14034-0340. (aan) [Transferred from nysd on 10/27/2022.]
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Filing 41
SECOND AMENDED ORDER OF SERVICE: Accordingly, IT IS HEREBY ORDERED: Plaintiffs request for an "accelerated hearing/response schedule" is DENIED forsubstantially the reasons stated in the Court's January 12, 2022, Order, denyingplaintiffs motion for preliminary injunction. Plaintiffs requests regarding production and inspection of documents purportedlyin the possession of the clerks of the New York state courts are also DENIED, asthe Court lacks the authority to grant the relief requested. By March 8, 2022, defendants shall answer, move, or otherwise respond to thecomplaint (including the supplemental pleading). The Clerk of Court is directed to issue summonses as to defendants Ryan Brotzand Brian Mcallister. Plaintiff is directed to serve the summons and complaint(including the supplemental pleading) on each defendant within 90 days of the issuance of the summons. If within those 90 days, plaintiff has not either serveddefendants Bratz and Mcallister or requested an extension of time to do so, theCourt may dismiss the claims against defendants Bratz and Mcallister under Fed.R. Civ. P. 4 and 41 for failure to prosecute.Plaintiff is reminded to notify the Court in writing if plaintiffs address changes, and theCourt may dismiss the action if he fails to do so.Chambers will mail a copy of this Order to plaintiff at the address on the docket. (Edward Burnett answer due 3/8/2022; Andrew M. Cuomo answer due 3/8/2022; J. Feid answer due 3/8/2022; Feuz answer due 3/8/2022; Luis Gonzalez answer due 3/8/2022; Michele Harrington answer due 3/8/2022; Jeff McKoy answer due 3/8/2022; Tina M. Stanford answer due 3/8/2022; State of New York answer due 3/8/2022; John Wood answer due 3/8/2022.) (Signed by Judge Vincent L. Briccetti on 2/8/2022) Copies Mailed By Chambers. (rro) Transmission to Pro Se Assistants for processing. [Transferred from nysd on 10/27/2022.]
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Filing 40
LETTER addressed to Judge Vincent L. Briccetti from Sanjay Tripathy dated 1/26/2022 re: Petitioner's Motion - Supplemental Pleading under FRCP 15 (d). Document filed by Sanjay Tripathy. (Attachments: #1 Exhibit A Part 1, #2 Exhibit A Part 2, #3 Exhibit B-D, #4 Exhibit E-G) (ok) [Transferred from nysd on 10/27/2022.]
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Filing 39
ORDER: Going forward, plaintiff shall not submit letters or documents to the Court unless in connection with a pending motion or other application. If he disregards this instruction, the Court will disregard such submissions. Likewise, plaintiff shall not submit repetitive letters or other documents with respect to a pending motion or application without first receiving the Court's permission to do so. If plaintiff disregards this instruction, the Court will disregard such submissions as well. Finally, plaintiff is directed to mail any future submissions to the Pro Se Intake Unit at the following address: United States District Court, Pro Se Intake Unit, 300 Quarropas St., White Plains, NY 10601. The Court will disregard any future submissions mailed directly to Judge Briccetti's Chambers. Chambers will mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 1/12/2022) Copies Mailed By Chambers. (mml) [Transferred from nysd on 10/27/2022.]
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Filing 38
ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Sanjay Tripathy dated 1/7/2022 re: I would like to bring to your Honors attention an article describing the history of Jurisprudence affecting civil rights of prisoners (67 pages). ENDORSEMENT: Docket this submission. So Ordered. (Signed by Judge Vincent L. Briccetti on 1/12/2022) (mml) [Transferred from nysd on 10/27/2022.]
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Filing 37
ORDER: Having reviewed plaintiff's motion for a preliminary injunction, the Court finds plaintiff has provided no new facts or arguments demonstrating that he (i) is likely to succeed on the merits of his case, or (ii) will suffer irreparable harm if he is not awarded the extraordinary and drastic remedy of preliminary injunctive relief. Accordingly, plaintiff's motion for a preliminary injunction is DENIED. Nevertheless, in light of the additional allegations contained in plaintiff's motion, and given the early stage of this case, the Court will GRANT plaintiff leave to supplement the complaint pursuant to Fed. R. Civ. P. 15(d), for the limited purpose of including the additional allegations contained in the motion and naming the additional defendant referenced in the motion. If appropriate, the Court will cause an additional summons to be issued with respect to the additional named defendant, and plaintiff will be obligated to serve the summons and complaint (including the supplemental pleading) on the newly-named defendant. Accordingly, the time for all defendants to answer, move, or otherwise respond to the complaint is STAYED pending the filing of plaintiff's supplemental pleading, at which point defendants shall answer, move, or otherwise respond to the complaint (including the supplemental pleading) within 21 days. Plaintiff is reminded that because he is not proceeding in forma pauperis, it is his responsibility to comply with the applicable service requirements with respect to any additional defendant. Finally, plaintiff's request for a protective order regarding the inmate affidavits is DENIED. The Court finds that plaintiff has not articulated a compelling interest in restricting access to the affidavits that outweighs the presumption in favor of public access to judicial documents. Specifically, plaintiff has failed to show how or why the inmates would face retaliation from correction officers because of the affidavits. Plaintiff is reminded to notify the Court in writing if his address changes, and that the Court may dismiss the action if he fails to do so. Chambers will mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 1/12/2022) Copies Mailed By Chambers. (mml) [Transferred from nysd on 10/27/2022.]
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Filing 36
LETTER addressed to Judge Vincent L. Briccetti from S. Tripathy, dated 1/4/22 re: PETITIONER'S MOTION FOR PRELIMINARY INJUNCTION(ADDITIONAL MATERIAL) - FRCP RULE 65 (URGENT/TIME SENSITIVE PETITION). Document filed by Sanjay Tripathy.(sc) [Transferred from nysd on 10/27/2022.]
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Filing 35
LETTER addressed to Judge Vincent L. Briccetti from Sanjay Tripathy dated 1/3/2021 re: Petitioner would plead with the Court for relief due to irreparable, imminent and irreversible harm by the Defendants in this emergency petition. This petition primarily relates to developments after petitioner filed his original complaint...Penalty or Perjury. Document filed by Sanjay Tripathy. (Attachments: #1 Exhibit A-B, #2 Exhibit C, #3 Exhibit D) (ok) [Transferred from nysd on 10/27/2022.]
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Filing 34
LETTER from Sanjay Tripathy dated 12/2/2021 re: Petitioner would like to update the Court about the service status, based on NY'S CPLR 312-a. As the court is aware Plaintiff was not eligible for US Marshals service despite his pleadings...Though the matter of Plaintiff's innocence and illegal conviction has no bearing on this matter, it nevertheless adds to burdens for the Plaintiff as he seeks justice. Document filed by Sanjay Tripathy. (ok) [Transferred from nysd on 10/27/2022.]
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Filing 33
ORDER: Plaintiff's requests are DENIED. As the Court has repeatedly informed plaintiff, it is plaintiff's responsibility to serve the summons and complaint on defendants. If defendants have not returned their signed acknowledgment of receipt of service (assuming, without deciding, that plaintiff's attempt to serve via mail otherwise complies with C.P.L.R. 312-a), then service is not complete under 312-a, and plaintiff must resort to other appropriate methods of service. See, e.g., Prokopiou v. Long Island R. Co., 2007 WL 1098696, at *6 (S.D.N.Y. Apr. 9, 2007) ("[I]n the absence of [defendant's] waiver, return and acknowledgment of receipt of service or a showing by the plaintiff that he effected service properly within the period prescribed by Fed. R. Civ. P. 4(m), the Court finds that the plaintiffs service of process was insufficient."). Nevertheless, in light of the issues raised in plaintiff's letter, his time to serve defendants in this action is extended from December 1, 2021, to February 1, 2022. Defendants' time to file an answer, move, or otherwise respond to the complaint is extended from December 1, 2021, to February 1, 2022, as well. Plaintiff is reminded to notify the Court in writing if his address changes, and that the Court may dismiss the action if plaintiff fails to do so. Chambers will mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. Edward Burnett answer due 2/1/2022; Andrew M. Cuomo answer due 2/1/2022; J. Feid answer due 2/1/2022; Feuz answer due 2/1/2022; Luis Gonzalez answer due 2/1/2022; Michele Harrington answer due 2/1/2022; Jeff McKoy answer due 2/1/2022; Tina M. Stanford answer due 2/1/2022; State of New York answer due 2/1/2022; John Wood answer due 2/1/2022.(Service due by 2/1/2022.) (Signed by Judge Vincent L. Briccetti on 11/15/2021) Copies mailed by chambers. (mml) Modified on 11/22/2021 (mml). [Transferred from nysd on 10/27/2022.]
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Filing 32
LETTER addressed to Judge Vincent L. Briccetti from Sanjay Tripathy dated 11/8/2021 re: Plaintiff would like to bring to the Court's attention the current status of service per NY CPLR 312-a, per which Plaintiff has already served all Defendants summons/complaint, along with 2 copies of statement of service/acknowledgement...As operandi of The State of New York, to delay, frustrate and time bar genuine complaints from incarcerated individuals like Plaintiff, and thus Court's are plaintiff's only hope for timely justice. Document filed by Sanjay Tripathy. (ok) [Transferred from nysd on 10/27/2022.]
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Filing 31
LETTER addressed to Judge Vincent L. Briccetti from Sanjay Tripathy dated 11/1/2021 re: Plaintiff would like to update the Court on the status of service and also failure of the Defendants/Defense Counsel to timely provide acknowledgement. It should be noted that Plaintiff was transferred from Fishkill CF to Collins CF and thus mails maybe delayed. Nevertheless, Plaintiff provided the Court with his new address...It should be noted that Plaintiff used USPS and Internal DOCCS mails for all postage per prison mailbox rules. Total Pages 12. Plaintiff pleads for the Court's intervention in this pending and long delayed matter, in the interest of justice. Document filed by Sanjay Tripathy. (ok) [Transferred from nysd on 10/27/2022.]
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Filing 30
LETTER addressed to Pro Se Intake Unit from Sanjay Tripathy dated 10/19/2021 re: Please change my address for the following 2 cases in SDNY...New Address: Sanjay Tripathy, 18R1673, Collins C.F., PO Box 340, Collins, NY 14034-0340. Document filed by Sanjay Tripathy. (ok) [Transferred from nysd on 10/27/2022.]
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Filing 29
ORDER granting #28 Letter Motion for Extension of Time. In the attached letter-motion dated October 21, 2021, defendants request an extension of time to respond to the complaint to provide plaintiff additional time to properly serve defendants. (Doc. #28). Defendants note plaintiff has consented to this request. Defendants' request is GRANTED. Defendants shall answer, move, or otherwise respond to the complaint by December 1, 2021. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). Chambers will mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED.. (Signed by Judge Vincent L. Briccetti on 10/22/2021) Copies Mailed By Chambers. (kv) [Transferred from nysd on 10/27/2022.]
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Set/Reset Deadlines: Edward Burnett answer due 12/1/2021; Andrew M. Cuomo answer due 12/1/2021; J. Feid answer due 12/1/2021; Feuz answer due 12/1/2021; Luis Gonzalez answer due 12/1/2021; Michele Harrington answer due 12/1/2021; Jeff McKoy answer due 12/1/2021; Tina M. Stanford answer due 12/1/2021; State of New York answer due 12/1/2021; John Wood answer due 12/1/2021. (kv) [Transferred from nysd on 10/27/2022.]
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Filing 28
LETTER MOTION for Extension of Time addressed to Judge Vincent L. Briccetti from Neil Shevlin dated October 21, 2021. Document filed by State of New York..(Shevlin, Neil) [Transferred from nysd on 10/27/2022.]
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Filing 27
LETTER addressed to Judge Vincent L. Briccetti from Sanjay Tripathy dated 9/24/2021 re: Petitioner would like to update the Court about his request per New York State's CPLR 312-a Personal Service by Mail, to sign and return back the acknowledgement that completes service in this matter...The defense counsel has up to 30 days to complete and send back the acknowledgements, after which petitioner will send copies to the Court, to complete service/summons process. Document filed by Sanjay Tripathy. (ok) [Transferred from nysd on 10/27/2022.]
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Filing 26
ORDER denying #24 Motion for TRO. Accordingly, plaintiff's motion for preliminary injunctive relief is DENIED. The Clerk is instructed to terminate the motion. (Doc. #24). The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purposes of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Chambers will mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 9/14/2021) Copies Mailed By Chambers. (mml) [Transferred from nysd on 10/27/2022.]
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Filing 25
LETTER addressed to Judge Vincent L. Briccetti from Sanjay Tripathy dated 9/9/2021 re: Petitioner would like to update the Court about his request for a waiver of service/summons from Defendants under Federal Rules of Civil Procedure...has up to 30 days to complete and send back the waivers after which petitioner will send copies to the Court, to complete service/summons process. Document filed by Sanjay Tripathy. (ok) [Transferred from nysd on 10/27/2022.]
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Filing 24
MOTION FOR INJUNCTIVE RELIEF / TEMPORARY RESTRAINING ORDER UNDER FRCP RULE 65. Document filed by Sanjay Tripathy.(sc) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) [Transferred from nysd on 10/27/2022.]
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Filing 23
SUMMONS RETURNED EXECUTED. Summons and Complaint, served. State of New York; served on 9/3/2021, answer due 9/24/2021. Service was made by Mail c/o Letitia James, Office of NYS Dept. of Law. Document filed by Sanjay Tripathy. (sc) [Transferred from nysd on 10/27/2022.]
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Filing 22
SERVICE OF SUMMONS/ REQUEST FOR WAIVER OF SERVICE(to State of New York). Document filed by Sanjay Tripathy. (sc) Modified on 9/10/2021 (sc). [Transferred from nysd on 10/27/2022.]
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Set/Reset Deadlines: Service due by 12/1/2021. (tg) [Transferred from nysd on 10/27/2022.]
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Filing 21
MEMO ENDORSEMENT on re: #20 Letter, filed by Sanjay Tripathy. ENDORSEMENT: In the attached letter filed on September 7, 2021, plaintiff requests for the third time that he be allowed to rely on the U.S. Marshals Service to effect service on defendants, a request the Court has denied twice. As the Court has explained, plaintiff is not proceeding in forma pauperis and is therefore not entitled to rely on the Court and the U.S. Marshals Service to effect service. Accordingly, plaintiffs request is DENIED. Plaintiff is instructed to stop requesting the Court direct the U.S. Marshals Service to effect service. However, in light of the issues raised in plaintiffs letter, his time to serve defendants in this action is extended to December 1, 2021. Chambers will mail a copy of this Order to plaintiff at the address on the docket. (Signed by Judge Vincent L. Briccetti on 9/8/2021) Copies Mailed By Chambers. (tg) [Transferred from nysd on 10/27/2022.]
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Filing 20
LETTER addressed to Judge Vincent L. Briccetti from Sanjay Tripathy re: Petitioner would like to plead with the Court for a prospective order to again serve the Defendants with the summons/complaint, in case Defense counsel...Defendants in violation of his core and sincerely held religious beliefs protected/guaranteed under RLUIPA and the First Amendment. Document filed by Sanjay Tripathy. (ok) [Transferred from nysd on 10/27/2022.]
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Filing 19
SUMMONS ISSUED as to State of New York. (sha) [Transferred from nysd on 10/27/2022.]
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Filing 18
ORDER granting #16 Letter Motion for Extension of Time. In the attached letter-motion dated August 26, 2021, defendants request an extension of time to respond to the complaint. (Doc. #16). Defendants note this request is unopposed. Defendants' request is GRANTED. Defendants shall answer, move, or otherwise respond to the complaint by October 25, 2021. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). Chambers will mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 8/30/2021) Copies Mailed By Chambers. (mml) [Transferred from nysd on 10/27/2022.]
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Filing 17
ORDER granting in part #13 MOTION to Amend/Correct. Plaintiff's request is GRANTED in part. The case may go forward against the State of New York (incorrectly sued as DOCCS, the New York State Board of Parole, and the New York State Board of Examiners for Sex Offenders) only for injunctive relief under RLUIPA. See Sossamon v. Texas, 563 U.S. 277 (2011) (holding that states do not waive their sovereign immunity to suits for money damages under RLUIPA). However, plaintiff's claims against the State of New York (incorrectly sued as DOCCS, the New York State Board of Parole, and the New York State Board of Examiners for Sex Offenders) under Section 1983 and for monetary damages under RLUIPA remain dismissed. The Clerk of Court shall issue a summons to the State of New York, which Plaintiff must serve within 90 days. Plaintiff should make a FOIL request to DOCCS for proper service information. Plaintiff is reminded that because he is not entitled to service by the Marshals, he will have to accomplish service through a friend or relative, or by engaging a process serving company. The Clerk is further instructed to add the State of New York to the docket and terminate the motion to amend. (Doc. #13). The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purposes of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Chambers will mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. Party State of New York added. (Signed by Judge Vincent L. Briccetti on 8/30/2021) Copies Mailed By Chambers. (mml) Modified on 9/9/2021 (mml). [Transferred from nysd on 10/27/2022.]
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Mailed a copy of #19 Summons Issued to Sanjay Tripathy, 18-R-1673 at Fishkill Correctional Facility, 271 Matteawan Road, Box #1245, Beacon, NY 12508-1245. (sha) [Transferred from nysd on 10/27/2022.]
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Set/Reset Deadlines: Edward Burnett answer due 10/25/2021; Andrew M. Cuomo answer due 10/25/2021; J. Feid answer due 10/25/2021; Feuz answer due 10/25/2021; Luis Gonzalez answer due 10/25/2021; Michele Harrington answer due 10/25/2021; Jeff McKoy answer due 10/25/2021; Tina M. Stanford answer due 10/25/2021; John Wood answer due 10/25/2021. (mml) [Transferred from nysd on 10/27/2022.]
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Filing 16
LETTER MOTION for Extension of Time addressed to Judge Vincent L. Briccetti from Neil Shevlin dated August 26, 2021. Document filed by Edward Burnett, J. Feid, Feuz, Luis Gonzalez, Michele Harrington, Tina M. Stanford, John Wood..(Shevlin, Neil) [Transferred from nysd on 10/27/2022.]
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Filing 15
DECLARATION of Sanjay Tripathy in Support re: #13 MOTION to Amend/Correct.. Document filed by Sanjay Tripathy. (ok) [Transferred from nysd on 10/27/2022.]
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Filing 14
MEMORANDUM OF LAW in Support re: #13 MOTION to Amend/Correct. Document filed by Sanjay Tripathy. (ok) [Transferred from nysd on 10/27/2022.]
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Filing 13
MOTION TO AMEND F.R.Civ.P - Rule 15 (a)(2). Document filed by Sanjay Tripathy. (ok) [Transferred from nysd on 10/27/2022.]
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Filing 12
LETTER addressed to Judge Vincent L. Briccetti from S. Tripathy, dated 8/10/21 re: "SUMMONS SERVED CONFIRMATION" - Petitioner would like to confirm that summons have been served on the parties listed below(as indicated). Attached are copies (10 pages) of the details of the summons. Defendants: Feuz, Social Worker; J. Reid, SORC, SOCTP Program; Luis Gonzalez, ADSP Programs; John Wood, DSP Program; Edward Burnett, Supt.; Jeffrey McKoy; Anthony Annucci; Tina Stanford; Michele Harrington; Andrew M. Cuomo. Document filed by Sanjay Tripathy.(sc) [Transferred from nysd on 10/27/2022.]
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Filing 11
ORDER: The Court is in receipt of two letters from plaintiff, dated July 19 and July 20, 2021. The letters will be separately docketed. In the July 19 letter, plaintiff requests that the Court "issue an Order to protect him from Retaliation, Harassment, Intimidation, Abuse, Injury and loss of benefits by the Defendants, and others instigated by the Defendants, due to [plaintiff's] viable lawsuits." The request is DENIED. Having reviewed the conclusory and self-serving allegations in plaintiff's July 19 letter, the Court finds that plaintiff has failed to establish a basis for any of the relief requested therein. In the July 20 letter, plaintiff again requests that that he be allowed to rely on the U.S. Marshals Service to effect service on defendants, a request the Court has previously denied. As the Court explained, plaintiff is not proceeding in forma pauperis and is therefore not entitled to rely on the Court and the U.S. Marshals Service to effect service. It is plaintiff's responsibility to serve the summons and complaint on defendants within 90 days of the issuance of the summons. Nothing in plaintiff's letter provides a basis for reconsideration of the Court's previous order. Accordingly, plaintiff's request is again DENIED. In addition, plaintiff improperly addressed this mailing to Judge Briccetti's Chambers. Plaintiff is instructed to address all future correspondence to the Pro Se Intake Unit at the following address: United States District Court, Pro Se Intake Unit, 300 Quarropas St., White Plains, NY 10601. The Court may disregard any future submissions sent directly to Chambers. Plaintiff is reminded to notify the Court in writing if his address changes, and that the Court may dismiss the action if plaintiff fails to do so. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purposes of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Chambers will mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 7/27/2021) Copies Mailed By Chambers. (mml) [Transferred from nysd on 10/27/2022.]
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Filing 10
ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Sanjay Tripathy dated 7/19/2021 re: Request for Order of Protection. ENDORSEMENT: Docket this letter. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 7/26/2021) (mml) [Transferred from nysd on 10/27/2022.]
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Filing 9
ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Sanjay Tripathy dated 7/20/2021 re: Humble Request for Marshalls Service for Summons (2nd Request). ENDORSEMENT: Docket this letter. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 7/26/2021) (mml) Modified on 7/27/2021 (mml). [Transferred from nysd on 10/27/2022.]
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Filing 8
SUMMONS ISSUED as to Annucci. (sha) [Transferred from nysd on 10/27/2022.]
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Filing 7
AMENDED ORDER OF SERVICE: Accordingly, it is HEREBY ORDERED: The Clerk of Court is directed to issue a summons as to defendant Annucci. Plaintiff is directed to serve the summons and complaint on defendant Annucci within 90 days of the issuance of the summonses. If within those 90 days, plaintiff has not either served defendant Annucci or requested an extension of time to do so, the Court may dismiss the claims against defendant Annucci under Rules 4 and 41 of the Federal Rules of Civil Procedure for failure to prosecute. The Clerk of Court is directed to issue a summons as to defendant Annucci. The Clerk of Court is further directed to mail a copy of this order to Plaintiff. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962)(holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 7/15/2021) (rj) Transmission to Pro Se Assistants for processing. [Transferred from nysd on 10/27/2022.]
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Filing 6
ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Sanjay Tripathy dated 7/2/2021 re: Petitioner request the Court to allow him to use the Marshalls service for the summons. ENDORSEMENT: Plaintiff, who is currently incarcerated in Fishkill Correctional Facility, brings this prose action, for which the filing fee has been paid, alleging that defendants violated his federal constitutional rights. On June 30, 2021, the Court issued an Order of Service (i) denying plaintiffs request for preliminary injunctive relief; (ii) dismissing plaintiffs claims against DOCCS, the New York State Board of Examiners for Sex Offenders, and the New York State Parole Board; and (iii) directing the Clerk of Court to issue summonses as to defendants Feuz, Reid, Gonzalez, Wood, Burnett, McKay, Stanford, Harrington, and Cuomo. (Doc. #3). In the attached letter dated July 2, 2021, plaintiff notified the Court that defendant Annucci was not included in the order of service and requesting that the Court "add Defendant Annucci to its Order for the summons." Plaintiff also requests that he be allowed to rely on the Court and the U.S. Marshals Service to effect service. By separate order, the Court has granted plaintiffs request to add defendant Annucci and has directed the Clerk of Court to issue a summons as to defendant Annucci. Regarding plaintiffs request that he be allowed to rely on the Court and U.S. Marshals Service to effect service, 28 U.S.C. 1915(d) permits a plaintiff who has been granted permission to proceed IFP to rely on the Court and the U.S. Marshals Service to effect service. 28 U.S.C. 1915(d) ("The officers of the court shall issue and serve all process... in [IFP] cases."); see also Walker v. Schult, 717 F.3d. 119, 123 n.6 (2d Cir. 2013). Here, plaintiff has elected not to seek in forma pauperis status and has paid the full filing fee. Accordingly, plaintiffs request is DENIED. To be clear, it is plaintiffs obligation to arrange for service of process. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). Chambers will mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 7/15/2021) Copies Mailed By Chambers. (rj) [Transferred from nysd on 10/27/2022.]
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Mailed a copy of #7 Order of Service, #8 Summons Issued to Sanjay Tripathy, 18-R-1673 at Fishkill Correctional Facility, 271 Matteawan Road, Box #1245, Beacon, NY 12508-1245. (sha) [Transferred from nysd on 10/27/2022.]
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Filing 5
INFORMATION PACKAGE MAILED to Sanjay Tripathy, 18-R-1673, at Fishkill Correctional Facility, 271 Matteawan Road, Box #1245, Beacon, NY 12508-1245, on 7/1/2021 Re: #3 Order of Service, Add and Terminate Parties. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, one or more summonses (only if you have paid the fee in person or if the judge has ordered that a summons be issued to you) - 9 copies of Summons(es) mailed. (sha) [Transferred from nysd on 10/27/2022.]
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Filing 4
SUMMONS ISSUED as to Edward Burnett, Andrew M. Cuomo, Reid, Feuz, Luis Gonzalez, Michele Harrington, Jeff McKoy, Tina M. Stanford, John Wood. (sha) [Transferred from nysd on 10/27/2022.]
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Filing 3
ORDER OF SERVICE: The Court denied Plaintiff's request for preliminary injunctive relief without prejudice to renewal at a later stage. The Court dismissed Plaintiff's claims against DOCCS, the New York State Board of Examiners for Sex Offenders, and the New York State Parole Board. See 28 U.S.C. 1915A(b)(2). The Clerk of Court is directed to issue a summonses as to Defendants Feuz, Reid, Gonzalez, Wood, Burnett, McKoy, Stanford, Harrington, and Cuomo. The Clerk of Court is further directed to mail a copy of this order to Plaintiff, together with an information package. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. New York State Board of Parole, DOCCS and New York State Board of Examiners for Sex Offenders terminated. (Signed by Judge Vincent L. Briccetti on 6/30/2021) (vfr) Transmission to Pro Se Assistants for processing. [Transferred from nysd on 10/27/2022.]
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NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Ronnie Abrams is no longer assigned to the case..(wb) [Transferred from nysd on 10/27/2022.]
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Magistrate Judge Judith C. McCarthy is so redesignated. (wb) [Transferred from nysd on 10/27/2022.]
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Mailed a copy of Notice of Case Assignment/Reassignment to Sanjay Tripathy at 18-R-1673 Fishkill Correctional Facility 271 Matteawan Road Box #1245 Beacon, NY 12508-1245..(wb) [Transferred from nysd on 10/27/2022.]
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Filing 1
COMPLAINT against Edward Burnett, Andrew M. Cuomo, DOCCS, J. Feid, Feuz, Luis Gonzalez, Michele Harrington, Jeff McKoy, New York State Board of Examiners for Sex Offenders, New York State Board of Parole, Tina M. Stanford, John Wood. (Filing Fee $ 402.00, Receipt Number 465401281324)Document filed by Sanjay Tripathy. (Attachments: #1 Receipt).(rdz) [Transferred from nysd on 10/27/2022.]
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Case Designated ECF. (rdz) [Transferred from nysd on 10/27/2022.]
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Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (rdz) [Transferred from nysd on 10/27/2022.]
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