Elzey v. Monroe County et al
| Daimon Elzey |
| Monroe County, Monroe County Sheriff Member Does 1-20, Todd Baxter and Monroe County Sheriff |
| 6:2024cv06319 |
| May 17, 2024 |
| U.S. District Court for the Western District of New York |
| Elizabeth A Wolford |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 3, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 14 CERTIFICATE OF SERVICE by Daimon Elzey re 13 Text Order,,,,, (Massimi, Jessica) |
| Filing 13 TEXT ORDER re #7 Motion to Withdraw as Attorney. Plaintiff has failed to respond to the Court's Text Order issued on June 7, 2024, directing him to respond to his attorney's motion to withdraw and to provide the Court with a current address at which papers may be served upon him. (Dkt. 10). Plaintiff's counsel is hereby directed to file publicly on the Court docket the mailing address for Plaintiff and a certificate reflecting service of this Text Order on Plaintiff, and upon said filing, the pending Motion to Withdraw will be deemed GRANTED and the Clerk's Office is directed to update the docket to reflect that Plaintiff is proceeding pro se, with his address as noted in the anticipated filing by Plaintiff's counsel. Furthermore, Plaintiff is directed to advise the Court in writing on or before August 1, 2024, whether he continues to plan to proceed pro se or retain new counsel. Plaintiff is cautioned that if he does not retain new counsel, he must be prepared to prosecute this action on his own and must comply with any Court-issued deadlines or other requirements. In the meantime, until further Order of the Court, this matter shall be stayed and the deadline for Defendants to answer or otherwise respond to the complaint is hereby held in abeyance. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 07/01/2024. (KER) Clerk to Follow up |
| Filing 12 DECLARATION signed by Jessica Massimi filed by Daimon Elzey Declaration of Service of June 7, 2024 Text Only Order. (Massimi, Jessica) |
| Filing 11 Sealed Document (Attorney Declaration in Support of #7 First MOTION to Withdraw, submitted for in camera review). (DPS) |
| Filing 10 TEXT ORDER re #7 Motion to Withdraw as Attorney. On June 1, 2024, Plaintiff's counsel filed a motion to withdraw as counsel for Plaintiff. In the motion, counsel indicates that she provided Plaintiff with a copy of the motion and counsel's supporting declaration. Before ruling on the motion, the Court will provide Plaintiff with an opportunity to respond. Plaintiff is advised that on or before June 25, 2024, he shall file a response to counsel's motion that expressly states whether he has any objection to counsel's withdrawal. In addition, Plaintiff must provide the Court with a current address at which papers may be served upon him. Plaintiff's counsel shall serve a copy of this Text Order on Plaintiff and file proof of service of same on or before June 10, 2024. In addition, in light of the pending motion to withdraw, Plaintiff's counsel requests a 60-day stay of all deadlines to permit Plaintiff time to retain new counsel. (Dkt. 7-1 at 2). Defendants similarly request an adjournment of their deadline to respond to the complaint until the motion to withdraw is decided and any stay imposed by the Court is lifted. (Dkt. 9). Accordingly, with consent of all parties, the deadline for Defendants to answer or otherwise respond to the complaint is extended until August 19, 2024. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/07/2024. (KER) |
| Filing 9 Letter filed by Todd Baxter, Monroe County Sheriff, Monroe County requesting an adjournment of the County Defendants deadline to respond to the complaint. (Munoz, Miguel) |
| Filing 8 NOTICE of Appearance by Miguel A. Munoz on behalf of Todd Baxter, Monroe County, Monroe County Sheriff (Munoz, Miguel) |
| Filing 7 First MOTION to Withdraw as Attorney by Daimon Elzey. (Attachments: #1 Memorandum in Support Memoranudm In Support of Motion to Withdraw, #2 Affidavit Declaration of Service)(Massimi, Jessica) |
| Filing 6 SUMMONS Returned Executed by Daimon Elzey. Todd Baxter served on 5/28/2024, answer due 6/18/2024. (Massimi, Jessica) |
| Filing 5 SUMMONS Returned Executed by Daimon Elzey. Monroe County Sheriff served on 5/28/2024, answer due 6/18/2024. (Massimi, Jessica) |
| Filing 4 SUMMONS Returned Executed by Daimon Elzey. Monroe County served on 5/24/2024, answer due 6/14/2024. (Massimi, Jessica) |
| Filing 3 Summons Issued as to Todd Baxter, Monroe County, Monroe County Sheriff. (TMK) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (TMK) |
| AUTOMATIC REFERRAL TO MEDIATION Pursuant to Section 2.1(A) of the Plan for Alternative Dispute Resolution in the United States District Court for the Western District of New York (the ADR Plan), this case is automatically referred to ADR. To access the ADR Plan and for inquiries regarding the Court's ADR Program please review the Court's #ADR webpage and/or contact the Court's ADR Administrator at #adrprogram@nywd.uscourts.gov.' Prior to the Local Rule 16 scheduling conference, counsel and unrepresented parties shall review the #ADR Plan and confer with each other regarding ADR for this case. Unless the parties agree to a different intervention, it is presumed they will participate in mediation. The parties shall be prepared to report on the outcome of their ADR discussion at the scheduling conference, as the initial Scheduling Order for this case will establish ADR deadlines in accordance with the ADR Plan. (TMK) |
| Case Assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil case opening. (TMK) |
| Filing 2 CONTINUATION OF EXHIBITS by Daimon Elzey. to #1 Complaint filed by Daimon Elzey. (Attachments: #1 Exhibit 1, Request for Issuance of Summons - Monroe County, #2 Exhibit 2, Request for Issuance of Summons, Monroe County Sherrif, #3 Exhibit 3, Request for Issuance of Summons, Baxter Summons)(Massimi, Jessica) |
| E-Filing Notification: re #1 COMPLAINT - Attorney is directed to file a civil cover sheet, pursuant to Local Rule 3. No judge assignment will be made until filing is entered on the docket. Please utilize the Continuation of Exhibits event, located within the Responses and Replies category. (TMK) |
| Filing 1 COMPLAINT against Todd Monroe County Sheriff Baxter, Monroe County, Monroe County Sheriff, Member Does 1-20 Monroe County Sheriff $ 405 receipt number ANYWDC-5184855, filed by Daimon Elzey.(Massimi, Jessica) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the New York Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
