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209 |
Filed: 1/26/2024, Entered: None |
Order on Motion for Extension of Time to File |
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Request |
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199 |
Filed: 8/24/2023, Entered: None |
Order of Discontinuance |
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Request |
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198 |
Filed: 8/24/2023, Entered: None |
Memo Endorsement |
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Request |
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197 |
Filed: 8/24/2023, Entered: None |
Letter |
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Request |
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196 |
Filed: 7/28/2023, Entered: None |
Notice (Other) |
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Request |
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194 |
Filed: 7/4/2023, Entered: None |
Extension of Time to Complete Discovery |
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Request |
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161 |
Filed: 10/17/2022, Entered: None |
Order on Motion for Extension of Time to Complete Discovery |
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Request |
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160 |
Filed: 10/14/2022, Entered: None |
Extension of Time to Complete Discovery |
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Request |
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159 |
Filed: 8/18/2022, Entered: None |
Order on Motion for Extension of Time to Complete Discovery |
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Request |
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158 |
Filed: 8/18/2022, Entered: None |
Extension of Time to Complete Discovery |
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Request |
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157 |
Filed: 8/8/2022, Entered: None |
Protective Order |
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Request |
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156 |
Filed: 8/8/2022, Entered: None |
Proposed Stipulation and Order |
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Request |
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155 |
Filed: 7/19/2022, Entered: None |
Notice of Filing Transcript |
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Request |
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154 |
Filed: 7/19/2022, Entered: None |
Transcript |
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Request |
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153 |
Filed: 7/6/2022, Entered: None |
Memo Endorsement |
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Request |
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152 |
Filed: 7/5/2022, Entered: None |
Proposed Case Management Plan |
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Request |
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151 |
Filed: 6/7/2022, Entered: None |
Notice of Hearing |
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Request |
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150 |
Filed: 5/24/2022, Entered: None |
Proposed Case Management Plan |
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Request |
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149 |
Filed: 5/24/2022, Entered: None |
Rule 26(f) Discovery Plan Report |
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Request |
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148 |
Filed: 5/11/2022, Entered: None |
Notice of Appearance |
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Request |
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147 |
Filed: 5/11/2022, Entered: None |
Notice of Appearance |
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Request |
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146 |
Filed: 5/11/2022, Entered: None |
Notice of Appearance |
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Request |
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145 |
Filed: 4/27/2021, Entered: 4/27/2021 |
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MEMO ENDORSEMENT on re: 144 Letter filed by Copeland. ENDORSEMENT: Defendants are relieved of their obligation to identify Defendant Deputy Warden Grace or Gracie in this action, and Defendant Deputy Warden Grace or Gracie is dismissed without prejudice. (Signed by Judge Edgardo Ramos on 4/27/2021) (cf)
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Request |
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144 |
Filed: 4/26/2021, Entered: 4/26/2021 |
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LETTER addressed to Judge Edgardo Ramos from David S. Thayer dated April 26, 2021 re: attempts to identify Defendant "Gracie". Document filed by Copeland..(Thayer, David)
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Request |
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143 |
Filed: 4/12/2021, Entered: 4/12/2021 |
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LETTER addressed to Judge Edgardo Ramos from David S. Thayer dated April 12, 2021 re: the identification of Defendant Grace or Gracie. Document filed by Copeland..(Thayer, David)
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Request |
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142 |
Filed: 4/5/2021, Entered: 4/5/2021 |
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ORDER: On November 2, 2020, counsel for Copeland filed a status update regarding the City's efforts to identify defendant Grace or Gracie. Doc. 140. There has been no further activity in this case since then. Defendant is therefore instructed to file a status update by no later than April 12, 2021. (Signed by Judge Edgardo Ramos on 4/5/2021) (mro)
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Request |
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141 |
Filed: 1/28/2021, Entered: 1/28/2021 |
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INTERNET CITATION NOTE: Material from decision with Internet citation re: 125 Order of Service. (sjo)
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Request |
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140 |
Filed: 11/2/2020, Entered: 11/2/2020 |
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LETTER addressed to Judge Edgardo Ramos from David S. Thayer dated November 2, 2020 re: identification of Defendant Grace or Gracie. Document filed by Copeland..(Thayer, David)
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Request |
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139 |
Filed: 10/26/2020, Entered: 10/26/2020 |
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MEMO ENDORSEMENT on re: 138 Letter, filed by FF805EF. ENDORSEMENT: Defendants are instructed to provide an update on their efforts to identify Colon, Cooper and Grace or Gracie by Monday, November 2, 2020. (Signed by Judge Edgardo Ramos on 10/26/2020) (mro)
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Request |
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138 |
Filed: 10/23/2020, Entered: 10/23/2020 |
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LETTER addressed to Judge Edgardo Ramos from F03E09E or FF805EF, dated 10/14/20 re: I am writing in response to the correspondence received 10/14/20 from the City of New York Law Department etc. In response to the ascertainabilty of the identities of Cooper and Colon, the Department of Correction's policy and procedure for the Supervisor is at all times to sign the log book when making rounds or conducting a search of the confinement area where detainees are held etc. The plaintiff humbly requests that the Court direct the City Corporate Law Department to ascertain the names of Cooper and Colon so that they can identify the individual from whom they received their orders concerning the searching and removal of the medical mattress etc. Document filed by FF805EF.(sc)
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Request |
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137 |
Filed: 10/7/2020, Entered: 10/7/2020 |
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LETTER addressed to Judge Edgardo Ramos from David S. Thayer dated October 7, 2020, re: identification of Defendant Grace or Gracie. Document filed by Copeland..(Thayer, David)
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Request |
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136 |
Filed: 9/23/2020, Entered: 9/23/2020 |
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LETTER addressed to Judge Edgardo Ramos from FF805EF or F03E09E dated 9/8/20, re:The defendants have asserted that they are unable to identify an Assistant Deputy Warden or Deputy Warden with either the first or last name of Grace or Gracie at N.I.C. North Infirmary Command. Document filed by FF805EF.(sc)
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Request |
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135 |
Filed: 9/14/2020, Entered: 9/14/2020 |
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MEMO ENDORSEMENT on re: 134 Letter, filed by Copeland. ENDORSEMENT: FF805EF or F03E09E is directed to file a letter with the Court by October 16, 2020 providing additional detail regarding Defendant "Grace" or "Gracie" that will assist the Law Department in locating him or her. The Law Department is directed to locate him or her, or, if efforts are unsuccessful, provide a status update to the Court within two weeks of receipt of FF805EF or F03E09E letter, F03E09E or FF805EF is advised that failure to serve this defendant by November 2, 2020, will result in the dismissal without prejudice of his action against this defendant only. Fed. R. Civ. P. 4(m). (Signed by Judge Edgardo Ramos on 9/13/2020) (mro)
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Request |
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134 |
Filed: 9/11/2020, Entered: 9/11/2020 |
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LETTER addressed to Judge Edgardo Ramos from David S. Thayer dated September 11, 2020 re: the identification of Defendant Grace, the "Executive Director of Operations" at the North Infirmary Command. Document filed by Copeland..(Thayer, David)
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Request |
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133 |
Filed: 8/31/2020, Entered: 8/31/2020 |
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ORDER granting 131 Letter Motion for Extension of Time. The application is granted. (Signed by Judge Edgardo Ramos on 8/30/2020) Copies Mailed By Chambers. (mro)
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Request |
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132 |
Filed: 8/28/2020, Entered: 8/28/2020 |
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CERTIFICATE OF SERVICE of Letter in Response to Court's July 22, 2020 and August 25, 2020 Orders and Requesting an Extension of Time served on FF805EF on August 28, 2020. Service was made by Mail. Document filed by Copeland..(Yogiaveetil, Rosemary)
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Request |
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131 |
Filed: 8/28/2020, Entered: 8/28/2020 |
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LETTER MOTION for Extension of Time and Response to Court's July 22, 2020 and August 25, 2020 Orders addressed to Judge Edgardo Ramos from Rosemary C. Yogiaveetil dated August 28, 2020. Document filed by Copeland..(Yogiaveetil, Rosemary)
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Request |
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130 |
Filed: 8/25/2020, Entered: 8/25/2020 |
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LETTER addressed to Judge Edgardo Ramos from F03E09E or FF805EF dated 7/27/2020 re: I am writing this court concerning the defendants request for production of documents. Document filed by FF805EF.(rro)
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Request |
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129 |
Filed: 8/25/2020, Entered: 8/25/2020 |
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ORDER: On July 22, 2020, the Court directed service of the Second Amended Complaint, Doc. 116, on Grace. Doc. 125 at 7. It requested that Grace waive service, and it directed the New York City Law Department to inform the Court of whether Grace had been notified of the Complaint by August 5, 2020. In a letter dated August 11, 2020, FF805EF or F03E09E asked the Court for a 60-day stay of discovery given the expense required for him to reproduce and send certain documents to the Law Department. Doc. 128. at request is DENIED as moot. As the Court indicated in its July 22 order, discovery is stayed in this case until pro bono counsel is appointed. F03E09E or FF805EF need not produce any documents until then. Furthermore, the Law Department has yet to inform the Court of whether Grace has been identified and notified of the Second Amended Complaint. It is directed to file a letter informing the Court of its efforts in this regard by August 28, 2020. (Signed by Judge Edgardo Ramos on 8/25/2020) (mro)
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Request |
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128 |
Filed: 8/20/2020, Entered: 8/20/2020 |
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Plaintiff Objection to Copeland Answer to Second Amended Complaint re: 126 Answer to Complaint. Document filed by FF805EF. (yv)
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Request |
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127 |
Filed: 8/6/2020, Entered: 8/6/2020 |
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CERTIFICATE OF SERVICE of Defendant Copeland's Answer to the Second Amended Complaint (ECF No. 126) served on FF805EF on 08/05/2020. Service was made by First-Class Mail. Document filed by Copeland..(Thayer, David)
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Request |
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126 |
Filed: 8/5/2020, Entered: 8/5/2020 |
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ANSWER to Complaint. Document filed by Copeland..(Thayer, David)
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Request |
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Filed: 7/22/2020, Entered: 7/22/2020 |
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Mailed a copy of 125 Order of Service to FF805EF DIN No. 17-A-1944 at Green Haven Correctional Facility, P.O. Box 4000, Stormville, NY 12582-4000. (bwa)
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Filed: 7/22/2020, Entered: 7/22/2020 |
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Set/Reset Deadlines: Copeland answer due 8/5/2020. (mro)
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125 |
Filed: 7/22/2020, Entered: 7/22/2020 |
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ORDERS DIRECTING SERVICE & APPOINTMENT OF PRO BONO COUNSEL: The Clerk of Court is directed to notify the New York City Department of Correction and the New York City Law Department of this order. The Court requests that Deputy Warden Grace of the Northern Infirmary Command waive service of summons. Furthermore Court directs that the Clerk of Court seek pro bono counsel to enter a limited appearance for the purpose of conducting discovery in the above-captioned action. Counsel's appearance will not include responding to dispositive motions, including any potential motion to dismiss by Grace. Copeland is directed to respond to the Second Amended Complaint by August 5, 2020. Grace is directed to answer or otherwise respond to the Second Amended Complaint within 21 days after he or she waives service. The Law Department is directed to inform the Court by August 5, 2020 of whether Grace has been informed of this Order, if he or she has not waived service by then. Finally, given that it will likely be some time before pro bono counsel can be secured, discovery is stayed in this case until such time pro bono counsel makes an appearance on FF805EF or F03E09E behalf. The Court's scheduling order of May 28, 2020, Doc. 114, is VACATED. The Clerk of Court is directed to terminate the motions, Docs. 116 and 117. Waiver of Service due by 8/21/2020. (Signed by Judge Edgardo Ramos on 7/21/2020) (mro) Transmission to Office of Pro Se Litigation for processing. Transmission to Pro Se Assistants for processing.
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124 |
Filed: 7/8/2020, Entered: 7/15/2020 |
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LETTER addressed to Judge Edgardo Ramos from FF805EF or F03E09E dated 6/25/20 re: The following is my response to the defendants' Case Discovery Plan and Scheduling Order: Plaintiff does not consent to conducting all furher proceedings before a Magistrate Judge, including motion for assignment of Pro Bono Counsel and all pretrial motion. Plaintiff consents to trial by jury. Plaintiff agrees to Opinion & Order of 3/31/20. Plaintiff will not be able to respond to interrogatories within the thirty-day period because the defendant has indicated that he has not received the Amended Second Complaint mailed on 5/2/20 etc. Document filed by FF805EF.(sc)
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Request |
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122 |
Filed: 7/2/2020, Entered: 7/2/2020 |
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LETTER addressed to Judge Edgardo Ramos from FF805EF or F03E09E, dated 6/3/20 re: It is my humble request that the Court please place this plaintiff on the calendar for assignment of a pro bono assigned counsel because plaintiff will not be able to obtain witnesses and testimony of defendant and inmate witnesses without the aid of counsel etc. Document filed by FF805EF.(sc)
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Request |
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121 |
Filed: 7/1/2020, Entered: 7/1/2020 |
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ORDER granting 119 Letter Motion for Extension of Time to Answer re 79 Amended Complaint. The application is granted. (Signed by Judge Edgardo Ramos on 7/1/2020) (rro)
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Request |
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123 |
Filed: 6/30/2020, Entered: 7/15/2020 |
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LETTER addressed to Judge Edgardo Ramos from FF805EF or F03E09E, dated 6/22/20 re: On 5/21/20, Plaintiff mailed the original Second Amended Complaint along with the Notice for Assignment of Counsel and the motion for assignment enclosed etc. The above documents were addressed to the Court Clerk of the United States District Court for the Southern District of New York. Plaintiff also requests that the Court grant an order for the Court Clerk of the United States District Court to serve Second Amended Complaint upon the defendants etc. Document filed by FF805EF.(sc)
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Request |
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120 |
Filed: 6/30/2020, Entered: 6/30/2020 |
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CERTIFICATE OF SERVICE of Letter Motion for an Extension of Time (ECF No. 119) served on F03E09E or FF805EF on 06/30/2020. Service was made by First-Class Mail. Document filed by Copeland..(Thayer, David)
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Request |
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119 |
Filed: 6/30/2020, Entered: 6/30/2020 |
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SECOND LETTER MOTION for Extension of Time to File Answer to the operative complaint, and addressing Plaintiff's recent motions for leave to amend and for appointment of counsel addressed to Judge Edgardo Ramos from David S. Thayer dated June 30, 2020. Document filed by Copeland..(Thayer, David)
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Request |
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118 |
Filed: 6/24/2020, Entered: 6/24/2020 |
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AFFIDAVIT IN SUPPORT OF THE PLAINTIFF MOTION FOR THE APPOINTMENT OF COUNSEL. Document filed by FF805EF. (mro)
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Request |
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117 |
Filed: 6/24/2020, Entered: 6/24/2020 |
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MOTION for the Appointment of Counsel. Document filed by FF805EF. (mro)
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Request |
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116 |
Filed: 6/24/2020, Entered: 6/24/2020 |
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MOTION for Leave to Amend Complaint. Document filed by FF805EF. (mro)
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Request |
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115 |
Filed: 6/24/2020, Entered: 6/24/2020 |
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LETTER addressed to Judge Edgardo Ramos from FF805EF dated 5/27/2020 re: Request for Pro Bono Counsel. Document filed by FF805EF.(ama)
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Request |
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Filed: 6/9/2020, Entered: 6/9/2020 |
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Mailed a copy of 113 Order on Motion for Extension of Time to Answer, 114 Scheduling Order, to FF805EF at DIN No. 17-A-1944 Green Haven Correctional Facility P.O. Box 4000 Stormville, NY 12582-4000..(jar)
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114 |
Filed: 5/28/2020, Entered: 5/29/2020 |
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Vacated as per Judge's Order dated 7/22/2020, Doc. #125 CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. § 636(c). This case is to be tried to a jury. Amended Pleadings due by 6/1/2020. Non-expert depositions shall be completed by 10/2/2020. Expert Depositions due by 1/20/2021. All Discovery due by 1/29/2021. Case Management Conference set for 2/5/2021 at 11:00 AM before Judge Edgardo Ramos. (Signed by Judge Edgardo Ramos on 5/28/2020) Copies Mailed by Chambers. (mro) Modified on 7/22/2020 (mro).
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Request |
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113 |
Filed: 5/28/2020, Entered: 5/29/2020 |
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ORDER granting 111 Letter Motion for Extension of Time to Answer. The application is GRANTED. The relevant defendants may answer the operative complaint by July 1, 2020. The Court will enter the proposed discovery schedule by separate order. Captain Colon answer due 6/1/2020; Captain Cooper answer due 6/1/2020; Copeland answer due 6/1/2020. (Signed by Judge Edgardo Ramos on 5/28/2020) Copies Mailed by Chambers. (mro) Modified on 5/29/2020 (mro).
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Request |
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112 |
Filed: 5/28/2020, Entered: 5/28/2020 |
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CERTIFICATE OF SERVICE of Letter-Motion for an Extension of Time (ECF No. 111) served on FF805EF on 05/28/2020. Service was made by Mail. Document filed by Copeland..(Thayer, David)
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Request |
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111 |
Filed: 5/28/2020, Entered: 5/28/2020 |
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FIRST LETTER MOTION for Extension of Time to File Answer re: 79 Amended Complaint, or in respect of a Second Amended Complaint addressed to Judge Edgardo Ramos from David S. Thayer dated May 28, 2020. Document filed by Copeland. (Attachments: # 1 Text of Proposed Order Regarding Discovery).(Thayer, David)
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Request |
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Filed: 4/2/2020, Entered: 4/6/2020 |
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Mailed a copy of 110 Memorandum & Opinion, Add and Terminate Parties to FF805EF or F03E09E at FF805EF DIN No. 17-A-1944 Green Haven Correctional Facility P.O. Box 4000 Stormville, NY 12582-4000..(jar)
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Filed: 3/31/2020, Entered: 3/31/2020 |
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Set/Reset Deadlines: Amended Pleadings due by 6/1/2020. (mro)
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110 |
Filed: 3/31/2020, Entered: 3/31/2020 |
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OPINION & ORDER re: 92 LETTER MOTION to Stay Discovery addressed to Judge Edgardo Ramos from David S. Thayer dated October 1, 2019 filed by Canady, Lounette FF805EF or F03E09E, Copeland, 80 FIRST MOTION to Dismiss the Amended Complaint filed by Lounett FF805EF or F03E09E, Canady, Lounette FF805EF or F03E09E, Copeland. For the foregoing reasons, the Court makes the following rulings: Canaday's and Capt. F03E09E or FF805EF motions to dismiss are GRANTED in their entirety. de claims against them are DISMISSED with prejudice. All claims against Holiness, Scully, Katz, Saunders, E4EA2FC, Vaz, Tillery, Ramos, and Chowhurdy are DISMISSED, sua sponte, with prejudice. The Amended Complaint is DISMISSED as to Grace, Colon, and Cooper, without prejudice. Copeland's motion to dismiss the Amended Complaint is GRANTED in part and DENIED in part. The Section 1983 claim based upon alleged unlawful interference with access to the courts survives. All other claims against her are DISMISSED with prejudice. The moving defendants' motion to stay discovery pending the resolution of this motion, Doc. 92, is DENIED as moot. de Court directs the parties to proceed as follows: Should F03E09E or FF805EF wish to file a Second Amended Complaint amending his claims against Cooper, Colon, and Grace, he must do so by June 1, 2020. Upon receipt, the Court will screen it and issue orders of service, if warranted. He may not add new defendants or alter the allegations made against Copeland. Copeland is directed to answer the Second Amended Complaint, confer with FF805EF or F03E09E on a discovery plan, and submit a status report to the Court by June 1, 2020. The Clerk of Court is respectfully directed to terminate from the case Canaday, Capt. FF805EF or F03E09E, Holiness, Scully, Katz, E4EA2FC, Saunders, Vaz (a.k.a. "Vas" and "Executive Director of Programs"), Tillery, Ramos, and Chowdhury (a.k.a. "Dr. John Doe"). The Clerk is also directed to terminate the motions, Docs. 80, 92. Dr. John Doe, M. Holiness (Grievance Coordinator), Dr. Katz (Medical Directors), E4EA2FC (Civilian), Carolyn Saunders (Warden of North Infirmary Command), Scully (Cashier Officer), K. Tillery, Deputy Warden Vas (#242, Executive Director of Programs), Canady (Grievance Coordinator) and FF805EF terminated. (Signed by Judge Edgardo Ramos on 3/31/2020) (mro)
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Filed: 3/11/2020, Entered: 3/11/2020 |
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Mailed a copy of 109 Order, to FF805EF DIN No. 17-A-1944 Green Haven Correctional Facility P.O. Box 4000 Stormville, NY 12582-4000. (aea)
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109 |
Filed: 3/11/2020, Entered: 3/11/2020 |
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ORDER re: 108 Letter, filed by FF805EF. The Court is in receipt of FF805EF or F03E09E letter of February 29, 2020, Doc. 108. In it, he requests leave to file a surreply in response to defendants' reply in support of defendants' motion to dismiss. That request is DENIED. This motion has been pending since June 2019, and FF805EF or F03E09E letter has not identified any new arguments presented by defendants in their reply that would provide good cause for this Court to grant him leave to respond. The Clerk of Court is respectfully directed to mail this order to FF805EF or F03E09E. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 3/11/2020) (kv) Transmission to Docket Assistant Clerk for processing.
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Request |
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108 |
Filed: 3/9/2020, Entered: 3/10/2020 |
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LETTER addressed to Judge Edgardo Ramos from F03E09E or FF805EF, dated 2/29/20 re: (EXTENSION OF TIME) - Plaintiff needs a statement from the Court explaining the reason for extra time in the law library which will not be granted until the Court honors plaintiff's request for an extension of time to form a reply. Document filed by FF805EF.(sc)
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Request |
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107 |
Filed: 3/9/2020, Entered: 3/10/2020 |
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LETTER addressed to Judge Edgardo Ramos from FF805EF or F03E09E, dated 2/29/20 re: I am requesting that the Court grant plaintiff a 60-day extension of time to gain access to the Law Library, because Plaintiff's housing condition is not appropriate for writing in that there is no table nor chair available etc. Document filed by FF805EF.(sc)
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Request |
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106 |
Filed: 2/20/2020, Entered: 2/20/2020 |
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CERTIFICATE OF SERVICE of Reply Memorandum of Law in Further Support of Defendants' Motion to Dismiss the Amended Complaint and Letter-Motion to Stay Discovery (ECF No. 105) served on FF805EF on February 20, 2020. Service was made by First-Class Mail. Document filed by Canady, Copeland, Lounette FF805EF or F03E09E.(Thayer, David)
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Request |
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105 |
Filed: 2/20/2020, Entered: 2/20/2020 |
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REPLY MEMORANDUM OF LAW in Support re: 92 LETTER MOTION to Stay Discovery addressed to Judge Edgardo Ramos from David S. Thayer dated October 1, 2019., 80 FIRST MOTION to Dismiss the Amended Complaint. . Document filed by Canady, Copeland, Lounette FF805EF or F03E09E.(Thayer, David)
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Request |
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104 |
Filed: 1/24/2020, Entered: 1/24/2020 |
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ORDER granting 102 Letter Motion for Extension of Time to File Response/Reply. The application is granted. Replies due by 2/20/2020. (Signed by Judge Edgardo Ramos on 1/24/2020) Copies Mailed By Chambers. (kv)
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Request |
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103 |
Filed: 1/23/2020, Entered: 1/23/2020 |
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CERTIFICATE OF SERVICE of Letter-Motion for an Extension of Time to File Reply (ECF No. 102) served on FF805EF on January 23, 2020. Service was made by First-Class Mail. Document filed by Canady, Copeland, Lounette FF805EF or F03E09E. (Thayer, David)
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Request |
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102 |
Filed: 1/23/2020, Entered: 1/23/2020 |
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FIRST LETTER MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition to Defendants' Motion to Dismiss (ECF No. 80) and Letter-Motion to Stay Discovery (ECF No. 92) addressed to Judge Edgardo Ramos from David S. Thayer dated January 23, 2020. Document filed by Canady, Copeland, Lounette FF805EF or F03E09E.(Thayer, David)
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Request |
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101 |
Filed: 1/15/2020, Entered: 1/16/2020 |
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MOTION(Response)IN OPPOSITION TO DISMISS NO. 9926(ER), re: 80 FIRST MOTION to Dismiss the Amended Complaint. Document filed by FF805EF. (sc)
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Request |
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Filed: 1/14/2020, Entered: 1/14/2020 |
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Mailed a copy of 100 Order, Set Deadlines, to FF805EF DIN No. 17-A-1944 Green Haven Correctional Facility P.O. Box 4000 Stormville, NY 12582-4000. (vba)
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100 |
Filed: 1/14/2020, Entered: 1/14/2020 |
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ORDER. The Court is in receipt of FF805EF or F03E09E letter of December 26, 2019, Doc. 99. His opposition to the defendants' motion to dismiss, Doc. 80, and motion to stay discovery, Doc. 92, is now due on February 3, 2020. F03E09E or FF805EF may submit his opposition with the completed two-thirds typed and the remainder neatly handwritten. The Clerk of Court is respectfully directed to mail this order to FF805EF or F03E09E. It is SO ORDERED. (Responses due by 2/3/2020) (Signed by Judge Edgardo Ramos on 1/14/2020) (rjm) Transmission to Docket Assistant Clerk for processing.
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Request |
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99 |
Filed: 1/8/2020, Entered: 1/13/2020 |
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LETTER addressed to Judge Edgardo Ramos from FF805EF or F03E09E dated 12/26/19 re: NO SUPPLY AT LAW LIBRARY TO COMPLETE MOTION FOR MANDATED DEADLINE. Document filed by FF805EF.(sc)
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Request |
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98 |
Filed: 12/13/2019, Entered: 12/23/2019 |
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LETTER addressed to Judge Edgardo Ramos from FF805EF or F03E09E, dated 12/13/19 re: ORDER OF EXTENSION RECEIVED SEVEN DAYS AFTER IT WAS POST-MARK DATED,with attached copy of envelope in which the order arrived. Document filed by FF805EF.(sc)
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Request |
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Filed: 12/4/2019, Entered: 12/4/2019 |
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Mailed a copy of 97 Order, Set Deadlines, to FF805EF DIN No. 17-A-1944 Green Haven Correctional Facility P.O. Box 4000 Stormville, NY 12582-4000. (aea)
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97 |
Filed: 12/3/2019, Entered: 12/3/2019 |
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ORDER re: 96 Letter, filed by FF805EF, 95 Letter filed by FF805EF. In light of the difficulties cited in his most recent letter, the Court will extend the deadline to respond to both the motion to stay and the motion to dismiss to January 3, 2020. No further extensions will be given. F03E09E or FF805EF is directed to file his responses to both motions by that time. If he does not, the Court shall consider the defendants' motions as unopposed. F03E09E or FF805EF is warned that failure to abide by this order could result in the dismissal of his action. The Clerk of Court is respectfully directed to mail a copy of this Order to F03E09E or FF805EF. It is SO ORDERED. (Responses due by 1/3/2020) (Signed by Judge Edgardo Ramos on 12/3/2019) (kv) Transmission to Docket Assistant Clerk for processing.
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Request |
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96 |
Filed: 11/18/2019, Entered: 11/27/2019 |
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LETTER addressed to Judge Edgardo Ramos from FF805EF, dated 11/5/19 re: Plaintiff requests that the Court grant an extension of time to file a response to the defendants' Notice of Motion to Dismiss the Amended Complaint etc., because he has been on lockdown at his facility from 10/28/19 through 11/3/19. Document filed by FF805EF.(sc)
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Request |
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95 |
Filed: 10/15/2019, Entered: 10/17/2019 |
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LETTER addressed to Judge Edgardo Ramos from FF805EF or F03E09E, dated 10/11/19 re: REQUEST FOR AN EXTENSION OF TIME TO RESPOND TO DEFENDANT MOTION TO STAY DISCOVERY AND TO RESPOND TO MOTION FOR SUMMARY JUDGMENT. Document filed by FF805EF.(sc)
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Request |
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Filed: 10/2/2019, Entered: 10/2/2019 |
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Mailed a copy of 94 Order on Motion to Dismiss, Order on Motion to Stay, to FF805EF DIN No. 17-A-1944 Green Haven Correctional Facility P.O. Box 4000 Stormville, NY 12582-4000. (aea)
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Filed: 10/2/2019, Entered: 10/2/2019 |
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Set/Reset Deadlines: Responses due by 11/1/2019 (kv)
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94 |
Filed: 10/2/2019, Entered: 10/2/2019 |
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ORDER with respect to 80 Motion to Dismiss; with respect to 92 Motion to Stay. The Court orders plaintiff FF805EF or F03E09E to respond to the defendants' motion for a stay by November 1, 2019. The Court further orders him to submit an opposition to the defendants' motion to dismiss by November 1, 2019. Failure to respond to either motion within the timeframe allotted above, absent good cause shown, may result in this action's permanent dismissal. The Court is also in receipt of two letters sent by plaintiff FF805EF or F03E09E, alleging that he is having difficulty accessing his institution's law library. Docs. 89, 90. If difficulties accessing the law library delay his responses, he is ordered to promptly contact the Court, before November 1, 2019, and request an extension. The Clerk of Court is respectfully directed to mail a copy of this order to plaintiff FF805EF or F03E09E. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 10/2/2019) (kv) Transmission to Docket Assistant Clerk for processing.
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Request |
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93 |
Filed: 10/1/2019, Entered: 10/1/2019 |
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CERTIFICATE OF SERVICE of Defendants' Letter-Motion to Stay Discovery (ECF No. 92) and unpublished authorities cited therein served on FF805EF on October 1, 2019. Service was made by First-Class Mail. Document filed by Canady, Copeland, Lounette F03E09E or FF805EF. (Thayer, David)
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Request |
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92 |
Filed: 10/1/2019, Entered: 10/1/2019 |
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LETTER MOTION to Stay Discovery addressed to Judge Edgardo Ramos from David S. Thayer dated October 1, 2019. Document filed by Canady, Copeland, Lounette FF805EF or F03E09E.(Thayer, David)
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Request |
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91 |
Filed: 9/17/2019, Entered: 9/18/2019 |
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REQUEST FOR PRODUCTION OF DOCUMENTS.Document filed by FF805EF.(sc)
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Request |
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90 |
Filed: 9/10/2019, Entered: 9/10/2019 |
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LETTER addressed to Judge Edgardo Ramos from FF805EF, dated 8/27/19 re: Plaintiff writes that it seems to this litigant that there have been have been four incidents concerning the denial of access to him to the Law Library at Green Haven Correctional Facility; and that there is a pattern and practice which continue to reoccur for the last five(5) months. Document filed by FF805EF.(sc)
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Request |
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89 |
Filed: 8/28/2019, Entered: 9/4/2019 |
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LETTER addressed to Judge Edgardo Ramos from F03E09E or FF805EF, dated 8/21/19 re: Plaintiff informs the Court that he is being denied access to the Court by the late delivery of his legal mail, and the neglect to timely approve and process his request for extended law library access forms etc. Document filed by FF805EF.(sc)
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Request |
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Filed: 8/7/2019, Entered: 8/7/2019 |
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Mailed a copy of 88 Memo Endorsement, Set Deadlines, to FF805EF DIN No. 17-A-1944 Green Haven Correctional Facility P.O. Box 4000 Stormville, NY 12582-4000. (aea)
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88 |
Filed: 8/7/2019, Entered: 8/7/2019 |
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MEMO ENDORSEMENT on re: 85 Letter, filed by Lounett FF805EF or F03E09E, Canady, Lounette FF805EF or F03E09E, Copeland. ENDORSEMENT: Plaintiff's request for extension of time to oppose Defendants' motion to dismiss the amended complaint is granted. Plaintiff shall file his opposition papers on or before September 8, 2019. Summonses shall not issue as to the newly added defendants at this time. The Clerk of Court is respectfully directed to mail a copy of this endorsement to Plaintiff. SO ORDERED. (Responses due by 9/8/2019) (Signed by Judge Edgardo Ramos on 8/7/2019) (kv) Transmission to Docket Assistant Clerk for processing.
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Request |
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87 |
Filed: 8/2/2019, Entered: 8/5/2019 |
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AFFIDAVIT OF FF805EF. Document filed by FF805EF. (sc)
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Request |
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86 |
Filed: 8/2/2019, Entered: 8/2/2019 |
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CERTIFICATE OF SERVICE of Letter regarding service of Defendants' motion to dismiss and issuance of summonses served on FF805EF on 08/02/2019. Service was made by First-Class Mail. Document filed by Canady, Copeland, Lounett FF805EF or F03E09E, Lounette F03E09E or FF805EF. (Thayer, David)
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Request |
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85 |
Filed: 8/2/2019, Entered: 8/2/2019 |
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LETTER addressed to Judge Edgardo Ramos from David S. Thayer dated 08/02/2019 re: Plaintiff's letter-motion (ECF No. 84) in which he asserts that he was untimely served with Defendants' motion to dismiss, and also regarding Defendants' request that summonses not be issued with regards to newly joined defendants. Document filed by Canady, Copeland, Lounett FF805EF or F03E09E, Lounette FF805EF or F03E09E. (Attachments: # 1 Exhibit A -- Envelope Returned to N.Y.C. Law Dep't)(Thayer, David)
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Request |
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Filed: 8/2/2019, Entered: 8/2/2019 |
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Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to F03E09E or FF805EF DIN No. 17-A-1944 Great Meadow Correctional Facility P.O. Box 51 Comstock, NY 12821-0051 on 8/2/2019. (nb)
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Filed: 7/30/2019, Entered: 8/2/2019 |
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Request for Copy of the updated Docket Sheet Received: Re 84 Letter. Request for Docket Report, from FF805EF received on 7/30/19. Transmission to Pro Se Assistants for processing. (sc)
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84 |
Filed: 7/30/2019, Entered: 8/2/2019 |
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LETTER addressed to Judge Edgardo Ramos from FF805EF dated 7/20/19 re: (Confirmation Request) - Plaintiff informs the Court that he has not received any notice concerning the filing of his amended complaint; and he requests that the Court issue a stay so that he can submit the necessary affidavits and other documentation to oppose the defendant's motion for summary judgment. Document filed by FF805EF.(sc)
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Request |
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83 |
Filed: 6/27/2019, Entered: 6/27/2019 |
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CERTIFICATE OF SERVICE of Notice of Motion to Dismiss the Amended Complaint; Memorandum of Law in Support of Defendants Canady, Copeland, and FF805EF or F03E09E Motion to Dismiss the Amended Complaint; Notice to Pro Se Litigant Who Opposes a Rule 12 Motion Supported by Matters Outside the Pleadings; and unpublished authorities or authorities reported exclusively on computerized databases cited in the aforementioned Memorandum of Law served on FF805EF on 06/27/2019. Service was made by Certified First-Class Mail. Document filed by Canady, Copeland, Lounett FF805EF or F03E09E, Lounette F03E09E or FF805EF. (Thayer, David)
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Request |
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82 |
Filed: 6/27/2019, Entered: 6/27/2019 |
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NOTICE of to Pro Se Litigant Who Opposes a Rule 12 Motion Supported by Matters Outside the Pleadings re: 80 FIRST MOTION to Dismiss the Amended Complaint.. Document filed by Canady, Copeland, Lounett F03E09E or FF805EF, Lounette FF805EF or F03E09E. (Thayer, David)
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Request |
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81 |
Filed: 6/27/2019, Entered: 6/27/2019 |
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MEMORANDUM OF LAW in Support re: 80 FIRST MOTION to Dismiss the Amended Complaint. . Document filed by Canady, Copeland, Lounett FF805EF or F03E09E, Lounette F03E09E or FF805EF. (Thayer, David)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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80 |
Filed: 6/27/2019, Entered: 6/27/2019 |
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FIRST MOTION to Dismiss the Amended Complaint. Document filed by Canady, Copeland, Lounett F03E09E or FF805EF, Lounette FF805EF or F03E09E. Responses due by 7/11/2019(Thayer, David)
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Request |
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79 |
Filed: 6/13/2019, Entered: 6/14/2019 |
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AMENDED COMPLAINT; re: amending 2 Complaint, against Canady, Captain Colon, Captain Cooper, Copeland, Lounette FF805EF or F03E09E, Dr. John Doe, Executive Director of Programs, M. Holiness, Dr. Katz, E4EA2FC, Carolyn Saunders, Scully, K. Tillery, Deputy Warden Vas.Document filed by FF805EF. Related document: 2 Complaint,.(sc)
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Request |
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Filed: 6/10/2019, Entered: 6/10/2019 |
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Mailed a copy of 78 Order, Set Deadlines, to FF805EF or F03E09E DIN No. 17-A-1944 Great Meadow Correctional Facility P.O. Box 51 Comstock, NY 12821-0051. (aea)
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78 |
Filed: 6/10/2019, Entered: 6/10/2019 |
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ORDER re: 74 Letter. Plaintiff's request for extension of time to file an amended complaint is GRANTED. Plaintiff must file an amended complaint no later than August 1, 2019. Future requests for extensions of time to file an amended complaint are disfavored. The Clerk of Court is respectfully directed to mail a copy of this order to Plaintiff. It is SO ORDERED. (Amended Pleadings due by 8/1/2019.) (Signed by Judge Edgardo Ramos on 6/10/2019) (kv) Transmission to Docket Assistant Clerk for processing.
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Request |
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74 |
Filed: 5/15/2019, Entered: 5/15/2019 |
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LETTER addressed to Judge Edgardo Ramos from FF805EF or F03E09E dated 5/7/2019 re: Requesting an additional 45 days to complete complaint amendment. (cf)
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Request |
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77 |
Filed: 5/14/2019, Entered: 5/20/2019 |
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LETTER addressed to Judge Edgardo Ramos from FF805EF or F03E09E, dated 5/7/19 re: Plaintiff requests that the Court grant an additional 45-day extension for the plaintiff to complete his Amended Complaint because his limited access to the Law Library at his institution. Document filed by FF805EF or F03E09E.(sc)
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Request |
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75 |
Filed: 5/6/2019, Entered: 5/17/2019 |
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LETTER addressed to Judge Edgardo Ramos from F03E09E or FF805EF, dated 5/1/19 re: (NOTIFICATION OF NEW ADDRESS) -Plaintiff informs the Court that he is currently located at Green Haven Correctional Facility, P.O. Box 4000, Stormville, New York 12582-4000; and he prays that he will not have to request a second extension to file his Amended Complaint. Document filed by FF805EF or F03E09E.(sc)
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Request |
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Filed: 4/11/2019, Entered: 4/11/2019 |
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Mailed a copy of 72 Endorsed Letter, Set Deadlines, to FF805EF or F03E09E DIN No. 17-A-1944 Great Meadow Correctional Facility P.O. Box 51 Comstock, NY 12821-0051. (aea)
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72 |
Filed: 4/11/2019, Entered: 4/11/2019 |
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ENDORSED LETTER addressed to Judge Edgardo Ramos from Plaintiff dated 4/8/2019 re: Request for an extension of time to file an Amended Complaint. ENDORSEMENT: The application for an extension of time to file an amended complaint is GRANTED. Plaintiff shall file an amended complaint, if any, by June 3, 2019. The Clerk of Court is respectfully directed to mail a copy of this endorsement to Plaintiff. It is SO ORDERED. (Amended Pleadings due by 6/3/2019.) (Signed by Judge Edgardo Ramos on 4/11/2019) (kv) Transmission to Docket Assistant Clerk for processing.
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Request |
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73 |
Filed: 4/10/2019, Entered: 4/16/2019 |
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LETTER addressed to Judge Edgardo Ramos from FF805EF or F03E09E, dated 3/25/19 re: RESPONSE & DISPUTE TO DEFENDANTS' REPLY MEMORANDUM OF LAW MOTION TO DISMISSED COMPLAINT WITH PREJUDICE. Document filed by FF805EF or F03E09E.(sc)
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Request |
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Filed: 4/2/2019, Entered: 4/2/2019 |
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Mailed a copy of 71 Memorandum & Opinion, Set Deadlines, Add and Terminate Parties, to FF805EF or F03E09E DIN No. 17-A-1944 Great Meadow Correctional Facility P.O. Box 51 Comstock, NY 12821-0051. (aea)
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71 |
Filed: 3/31/2019, Entered: 4/1/2019 |
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OPINION AND ORDER re: 35 MOTION to Dismiss the Complaint. filed by Lounett F03E09E or FF805EF, Canady, Copeland, 41 MOTION to Dismiss . filed by 9735815, 1649563. For the reasons set forth above, the defendants' motions to dismiss are GRANTED. FF805EF or F03E09E claims against the Hospital Defendants for negligence and medical malpractice are DISMISSED with prejudice; and the remainder of his claims are DISMISSED without prejudice. FF805EF or F03E09E will have an opportunity to replead his claims that have been dismissed without prejudice, as Rule 15 of the Federal Rules of Civil Procedure instructs courts to "freely give leave [to amend a pleading] when justice so requires," Fed. R. Civ. P. 15(a)(2), and the Second Circuit has instructed courts not to dismiss a complaint "without granting leave to amend at least once when a liberal reading of the complaint gives any indication that a valid claim might be stated," Shabazz v. Bezio, 511 F. App'x 28, 31 (2d Cir. 2013) (internal quotation marks omitted). If FF805EF or F03E09E wishes to file an amended Complaint, he must.move to do so by May 1, 2019, and he must attach to his motion a copy of the proposed amended Complaint. Failure to move to amend in accordance with the instructions above and within the timeframe allotted, absent good cause shown, may result in the action's permanent dismissal. The Clerk of Court is respectfully directed to terminate the motions, Docs. 35, 41, and to mail a copy of this Opinion to FF805EF or F03E09E. SO ORDERED. (Motions due by 5/1/2019.), 1649563 (Surgery) and 9735815 (Visiting Attended) terminated. (Signed by Judge Edgardo Ramos on 3/31/2019) (kv) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.
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Request |
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76 |
Filed: 3/13/2019, Entered: 5/20/2019 |
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LETTER addressed to Judge Edgardo Ramos from F03E09E or FF805EF, dated 3/11/19 re: RESPONSE & DISPUTE TO DEFENDANTS' REPLY MEMORANDUM OF LAW MOTION TO DISMISSED COMPLAINT WITH PREJUDICE. Document filed by FF805EF or F03E09E.(sc)
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Request |
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70 |
Filed: 2/20/2019, Entered: 2/20/2019 |
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AFFIDAVIT OF SERVICE of Reply Memorandum of Law in Further Support of Motion to Dismiss by 1649563. and 9735815. served on F03E09E or FF805EF on February 19, 2019. Service was made by Mail. Document filed by 1649563, 9735815. (May, Daniel)
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Request |
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69 |
Filed: 2/15/2019, Entered: 2/15/2019 |
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REPLY MEMORANDUM OF LAW in Support re: 41 MOTION to Dismiss . . Document filed by 1649563, 9735815. (May, Daniel)
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Request |
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Filed: 2/4/2019, Entered: 2/4/2019 |
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Mailed a copy of 68 Order on Motion for Extension of Time, to F03E09E or FF805EF DIN No. 17-A-1944 Great Meadow Correctional Facility P.O. Box 51 Comstock, NY 12821-0051. (aea)
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Filed: 2/1/2019, Entered: 2/1/2019 |
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Set/Reset Deadlines: Replies due by 2/15/2019. (kv)
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68 |
Filed: 2/1/2019, Entered: 2/1/2019 |
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ORDER granting 64 Letter Motion for Extension of Time. All Defendants have until February 15, 2019, to submit their replies. The Clerk of Court is respectfully directed to mail a copy of this endorsement to Plaintiff. SO ORDERED. (Signed by Judge Edgardo Ramos on 2/1/2019) (kv) Transmission to Docket Assistant Clerk for processing.
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Request |
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67 |
Filed: 2/1/2019, Entered: 2/1/2019 |
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CERTIFICATE OF SERVICE of Reply and unpublished authorities or authorities reported exclusively on computerized databases that were cited in Defendants' Reply, pursuant to Local Civ. Rule 7.2, served on FF805EF or F03E09E on 02/01/2019. Service was made by First-Class Mail. Document filed by Canady, Copeland, Lounett FF805EF or F03E09E. (Thayer, David)
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Request |
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66 |
Filed: 2/1/2019, Entered: 2/1/2019 |
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REPLY MEMORANDUM OF LAW in Support re: 35 MOTION to Dismiss the Complaint. . Document filed by Canady, Copeland, Lounett F03E09E or FF805EF. (Thayer, David)
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Request |
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65 |
Filed: 1/30/2019, Entered: 1/30/2019 |
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AFFIDAVIT OF SERVICE of Letter to Extend Deadline served on FF805EF or F03E09E on January 30, 2019. Service was made by Certified Mail and Regular Mail. Document filed by 1649563, 9735815. (May, Daniel)
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Request |
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64 |
Filed: 1/30/2019, Entered: 1/30/2019 |
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LETTER MOTION for Extension of Time addressed to Judge Edgardo Ramos from Daniel May dated January 30, 2019. Document filed by 1649563, 9735815. Return Date set for 2/15/2019 at 12:00 PM.(May, Daniel)
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Request |
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63 |
Filed: 1/23/2019, Entered: 1/23/2019 |
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AFFIDAVIT OF SERVICE of Letter to Extend Deadline served on F03E09E or FF805EF on January 23, 2019. Service was made by Certified Mail and Regular Mail. Document filed by 1649563, 9735815. (Attachments: # 1 Affidavit of Service)(May, Daniel)
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Request |
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62 |
Filed: 1/23/2019, Entered: 1/23/2019 |
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ORDER granting 59 Letter Motion for Extension of Time to File Response/Reply. The application is granted. SO ORDERED. Replies due by 2/1/2019. (Signed by Judge Edgardo Ramos on 1/23/2019) (kv)
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Request |
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61 |
Filed: 1/23/2019, Entered: 1/23/2019 |
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LETTER addressed to Judge Edgardo Ramos from Daniel May dated January 23, 2019 re: Extension of Time to February 8, 2019. Document filed by 1649563, 9735815.(May, Daniel)
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Request |
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60 |
Filed: 1/22/2019, Entered: 1/22/2019 |
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CERTIFICATE OF SERVICE of Letter Motion for Extension of Time to File the Reply of Defendants Canady, Copeland, and F03E09E or FF805EF served on F03E09E or FF805EF on 01/22/2019. Service was made by First-Class Mail. Document filed by Canady, Copeland, Lounett FF805EF or F03E09E. (Thayer, David)
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Request |
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59 |
Filed: 1/22/2019, Entered: 1/22/2019 |
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SECOND LETTER MOTION for Extension of Time to File Response/Reply as to 56 Response to Motion, 57 Memorandum of Law in Opposition to Motion, addressed to Judge Edgardo Ramos from David S. Thayer dated 01/22/2019. Document filed by Canady, Copeland, Lounett F03E09E or FF805EF.(Thayer, David)
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Request |
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58 |
Filed: 12/18/2018, Entered: 12/27/2018 |
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LETTER addressed to Judge Edgardo Ramos from FF805EF or F03E09E, dated 12/13/18 re: Plaintiff requests that the Court honor his motion in opposition; and that Plaintiff was not aware of the documentation limitation nor was he informed by the pro se clerk about the limitation on documents which he was allowed to submit in response etc. Document filed by FF805EF or F03E09E.(sc) Modified on 12/27/2018 (sc).
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Request |
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57 |
Filed: 12/17/2018, Entered: 12/18/2018 |
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MEMORANDUM OF LAW IN OPPOSITION OF DEFENDANTS' 1649563. AND SOULA PRIOVOLS M.D., TANOYA COPELAND ET AL. TO DISMISS COMPLAINT; re: 35 MOTION to Dismiss the Complaint, 41 MOTION to Dismiss . Document filed by F03E09E or FF805EF. (sc)
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Request |
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56 |
Filed: 12/13/2018, Entered: 12/18/2018 |
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RESPONSE TO DEFENDANT'S MOTION TO DISMISS COMPLAINT; re: 35 MOTION to Dismiss the Complaint, 41 MOTION to Dismiss . Document filed by FF805EF or F03E09E. (sc)
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Request |
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55 |
Filed: 12/7/2018, Entered: 12/7/2018 |
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ORDER denying 53 Motion to Strike Document No. 51 ; granting 53 Letter Motion for Extension of Time to File Response/Reply re 35 MOTION to Dismiss the Complaint., 41 MOTION to Dismiss . (Replies due by 1/24/2019.) After reviewing Defendants letters, the parties are directed to submit a copy of the filings received from Mr. F03E09E or FF805EF. Defendants are granted leave to file reply briefs of not more than 20 pages by January 24, 2019. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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54 |
Filed: 12/6/2018, Entered: 12/6/2018 |
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CERTIFICATE OF SERVICE of Letter Motion to Strike and For Extension of Time By Which to Reply to Plaintiff's Opposition served on FF805EF or F03E09E on 12/06/2018. Service was made by First-Class Mail. Document filed by Canady, Copeland, Lounett F03E09E or FF805EF. (Thayer, David)
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Request |
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53 |
Filed: 12/6/2018, Entered: 12/6/2018 |
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FIRST MOTION to Strike Document No. 51 ., FIRST MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition. Document filed by Canady, Copeland, Lounett F03E09E or FF805EF.(Thayer, David)
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Request |
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52 |
Filed: 12/5/2018, Entered: 12/5/2018 |
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LETTER addressed to Judge Edgardo Ramos from Daniel May dated December 5, 2018 re: Extension of Time. Document filed by 1649563, 9735815.(May, Daniel)
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Request |
 |
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51 |
Filed: 11/29/2018, Entered: 12/4/2018 |
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RESPONSE TO MOTION(Exhibits) re: 35 MOTION to Dismiss the Complaint, 41 MOTION to Dismiss . Document filed by F03E09E or FF805EF. (Attachments: # 1 Response)(sc)
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Request |
 |
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Filed: 10/29/2018, Entered: 10/29/2018 |
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NOTICE OF CASE REASSIGNMENT to Judge Edgardo Ramos. Judge Richard J. Sullivan is no longer assigned to the case. (sjo)
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 |
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Filed: 10/22/2018, Entered: 10/22/2018 |
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Mailed a copy of 50 Order, Set Deadlines, to FF805EF or F03E09E DIN No. 17-A-1944 Great Meadow Correctional Facility P.O. Box 51 Comstock, NY 12821-0051. (aea)
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50 |
Filed: 10/19/2018, Entered: 10/22/2018 |
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ORDER: IT IS HEREBY ORDERED that Plaintiff's deadline to respond to Defendants' motions to dismiss is extended to Monday, November 26, 2018. Defendants shall file their replies in support of their pending motions to dismiss no later than December 10, 2018. Plaintiff also asks the Court to "order defendants' attorney[s] to disclos[e]" the addresses of the unserved Defendants in this case so that those Defendants can be served by the U.S. Marshals. (Doc. No. 49.) The Court has already ordered the New York City Law Department to provide contact information for those Defendants whose identities can be ascertained and requested that other Defendants waive service. (Doc. No. 8.) As noted above, this action has been pending since December 19, 2017 (see Doc. No. 2) and the Court entered its order regarding service on March 8, 2018 (Doc. No. 8). All Defendants that have appeared in this case did so by July 12, 2018. Defendants' motions to dismiss were made in August 2018, and Plaintiff's response was originally due, as discussed above, on September 4, 2018. Accordingly, in light of the fact that the Court has already issued an order regarding service and directed the Marshals to effect that service, and given the belated nature of Plaintiff's request, the Court declines to issue a further order regarding service at this time. The Clerk of Court is respectfully directed to mail a copy of this order to Plaintiff. ( Responses due by 11/26/2018, Replies due by 12/10/2018.) (Signed by Judge Richard J. Sullivan on 10/19/2018) (mro) Transmission to Docket Assistant Clerk for processing.
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Request |
 |
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49 |
Filed: 10/16/2018, Entered: 10/17/2018 |
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LETTER addressed to Judge Richard J. Sullivan from FF805EF or F03E09E, dated 10/10/18 re: REQUEST FOR EXTENSION OF TIME TO RESPOND TO ORDER DATED 10/24/18. Document filed by F03E09E or FF805EF.(sc)
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Request |
 |
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Filed: 9/19/2018, Entered: 9/19/2018 |
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Mailed a copy of 48 Order,to FF805EF or F03E09E DIN No. 17-A-1944 Great Meadow Correctional Facility P.O. Box 51 Comstock, NY 12821-0051. (aea)
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 |
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48 |
Filed: 9/19/2018, Entered: 9/19/2018 |
 |
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ORDER: Accordingly, because the Court has already granted Plaintiff's first request for an extension of his deadline to answer or otherwise respond to the complaint in this case, Plaintiff's second request is denied as moot. As set out in the Court's September 4, 2018 order. IT IS HEREBY ORDERED that Plaintiff shall respond to the pending motions to dismiss no later than October 24, 2018 and that Defendants shall file their replies in support of their pending motions to dismiss no later than November 5, 2018. The Clerk of Court is respectfully directed to mail a copy of this order to Plaintiff. SO ORDERED. (Signed by Judge Richard J. Sullivan on 9/17/2018) (ne) Transmission to Docket Assistant Clerk for processing.
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Request |
 |
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47 |
Filed: 9/11/2018, Entered: 9/12/2018 |
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LETTER addressed to Judge Richard J. Sullivan from FF805EF, dated 9/4/18 re: REQUEST FOR EXTENSION OF TIME TO RESPOND TO ORDER DATED 7/16/18. Document filed by FF805EF or F03E09E.(sc)
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Request |
 |
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Filed: 9/4/2018, Entered: 9/4/2018 |
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CLERK'S CERTIFICATE OF DEFAULT., Mailed a copy of 46 Order, Set Motion and R&R Deadlines/Hearings, 2 Complaint, and a copy of the Docket Sheet to FF805EF or F03E09E DIN No. 17-A-1944 Great Meadow Correctional Facility P.O. Box 51 Comstock, NY 12821-0051. (aea)
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 |
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46 |
Filed: 9/4/2018, Entered: 9/4/2018 |
 |
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ORDER: The Court is in receipt of a letter, dated August 17, 2018 and received August 23, 2018, from Plaintiff, who is incarcerated and proceeding pro se and in forma pauperis. (Doc. No. 40.) In the letter, Plaintiff requests additional time in which to respond to Defendants' motions to dismiss the complaint in this case. Accordingly, IT IS HEREBY ORDERED THAT Plaintiff's deadline to respond to the pending motions to dismiss is extended by thirty days, to October 24, 2018. IT IS FURTHER ORDERED that Defendants' deadline to file their replies in support of their pending motions to dismiss is extended to November 5, 2018. The Clerk of Court is respectfully directed to mail a copies of this order, the complaint (Doc. No. 2), and the docket sheet for this case to Plaintiff. SO ORDERED. Set Deadlines/Hearing as to 35 MOTION to Dismiss the Complaint., 41 MOTION to Dismiss . :(Responses due by 10/24/2018, Replies due by 11/5/2018.) (Signed by Judge Richard J. Sullivan on 9/4/2018) (ne) Transmission to Docket Assistant Clerk for processing.
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Request |
 |
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45 |
Filed: 8/24/2018, Entered: 8/24/2018 |
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AFFIDAVIT OF SERVICE of Notice of Motion and Declaration in Support of Motion to Dismiss served on FF805EF or F03E09E on August 13, 2018. Service was made by Mail. Document filed by 1649563, 9735815. (May, Daniel)
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Request |
 |
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44 |
Filed: 8/24/2018, Entered: 8/24/2018 |
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AFFIDAVIT OF SERVICE of Memorandum of Law in Support of Motion to dismiss by 1649563. and 9735815. served on FF805EF or F03E09E on August 13, 2018. Service was made by Mail. Document filed by 1649563, 9735815. (May, Daniel)
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Request |
 |
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43 |
Filed: 8/24/2018, Entered: 8/24/2018 |
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MEMORANDUM OF LAW in Support re: 41 MOTION to Dismiss . . Document filed by 1649563, 9735815. (May, Daniel)
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Request |
 |
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42 |
Filed: 8/24/2018, Entered: 8/24/2018 |
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DECLARATION of Daniel May in Support re: 41 MOTION to Dismiss .. Document filed by 1649563, 9735815. (Attachments: # 1 Exhibit A - Plaintiff's Complaint, dated December 5, 2017, # 2 Exhibit B - Plaintiff's Order to Show Cause, august 17, 2016, # 3 Exhibit C - Plaintiff's Notice of Claim, dated august 6, 2016, # 4 Exhibit D - Court Order, dated march 8, 2018, # 5 Exhibit E - Process Receipt and Return forms, e-filed on april 5, 2018, # 6 Exhibit F - Process Receipt and Return forms, e-filed on May 14, 2018, # 7 Exhibit G - Court's Order, dated 13, 2018, # 8 Exhibit H - Defendants' request for a pre-motion conference. dated July 13, 2018, # 9 Exhibit I - Court's Order, dated July 16, 2018)(May, Daniel)
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Request |
 |
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41 |
Filed: 8/24/2018, Entered: 8/24/2018 |
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MOTION to Dismiss . Document filed by 1649563, 9735815. Return Date set for 9/24/2018 at 12:00 PM.(May, Daniel)
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Request |
 |
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40 |
Filed: 8/23/2018, Entered: 8/24/2018 |
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LETTER from FF805EF, dated 8/17/18 re: (REQUEST FOR EXTENSION OF TIME TO RESPOND & REQUES FOR COPIES OF ORIGINAL COMPLAINT). Document filed by FF805EF or F03E09E.(sc)
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Request |
 |
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Filed: 8/23/2018, Entered: 8/23/2018 |
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Daniel Gerard May to RE-FILE Document 34 Memorandum of Law in Support of Motion. ERROR(S): Document(s) linked to filing error. (db)
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 |
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Filed: 8/23/2018, Entered: 8/23/2018 |
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Daniel Gerard May to RE-FILE Document 33 MOTION to Dismiss . ERROR(S): Supporting Documents are filed separately, each receiving their own document #'s. (db)
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 |
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Filed: 8/14/2018, Entered: 8/14/2018 |
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Mailed a copy of 2 Complaint, 39 Order, to F03E09E or FF805EF DIN No. 17-A-1944 Great Meadow Correctional Facility P.O. Box 51 Comstock, NY 12821-0051. (aea)
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 |
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39 |
Filed: 8/13/2018, Entered: 8/14/2018 |
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ORDER: The Court is in receipt of a letter from Plaintiff, who is incarcerated and proceeding pro se and in forma pauperis, requesting that the (1) Court direct the Clerk of Court to mail a copy of the complaint in this action to Plaintiff and (2) waive the $15.50 fee associated with copying and mailing the complaint. (Doc. No. 32.) In his letter, Plaintiff states that he "is only receiving three dollars and nin[e]ty cent[s] every two weeks" in pay for his work while incarcerated and that he "mail[ed] the only copy of the complaint to the [C]ourt" when he filed this lawsuit. (Id.) Because Plaintiff will necessarily be required to reference the complaint when responding to Defendants' forthcoming motion(s) to dismiss (see Doc. No. 30), IT IS HEREBY ORDERED that the fees associated with copying and mailing the complaint to Plaintiff are WAIVED. The Clerk of Court is respectfully directed to mail a copy of the complaint (Doc. No. 2) and of this order to Plaintiff. SO ORDERED. (Signed by Judge Richard J. Sullivan on 8/13/2018) (ne) Transmission to Docket Assistant Clerk for processing.
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Request |
 |
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38 |
Filed: 8/13/2018, Entered: 8/13/2018 |
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CERTIFICATE OF SERVICE of Defendants Canady, Copeland, and FF805EF or F03E09E Motion to Dismiss, Memorandum of Law in Support of their Motion to Dismiss, Notice to Pro Se Litigant who Opposes a Rule 12 Motion Supported by Matters Outside the Pleadings, and unreported case law served on F03E09E or FF805EF on 08/13/2018. Service was made by Priority Mail. Document filed by Canady, Copeland, Lounett FF805EF or F03E09E. (Thayer, David)
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Request |
 |
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37 |
Filed: 8/13/2018, Entered: 8/13/2018 |
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NOTICE of to Pro Se Litigant who Opposes a Rule 12 Motion Supported by Matters Outside the Pleadings re: 35 MOTION to Dismiss the Complaint., 36 Memorandum of Law in Support of Motion. Document filed by Canady, Copeland, Lounett FF805EF or F03E09E. (Thayer, David)
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Request |
 |
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36 |
Filed: 8/13/2018, Entered: 8/13/2018 |
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MEMORANDUM OF LAW in Support re: 35 MOTION to Dismiss the Complaint. . Document filed by Canady, Copeland, Lounett FF805EF or F03E09E. (Thayer, David)
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Request |
 |
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35 |
Filed: 8/13/2018, Entered: 8/13/2018 |
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MOTION to Dismiss the Complaint. Document filed by Canady, Copeland, Lounett FF805EF or F03E09E. Responses due by 9/24/2018(Thayer, David)
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Request |
 |
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34 |
Filed: 8/13/2018, Entered: 8/13/2018 |
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FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 33 MOTION to Dismiss . . Document filed by Ixel Cervera, 291B577, 1649563, 9735815, AA795D0. (Attachments: # 1 Affidavit Affidavit of Service)(May, Daniel) Modified on 8/23/2018 (db).
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Request |
 |
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33 |
Filed: 8/13/2018, Entered: 8/13/2018 |
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FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss . Document filed by Ixel Cervera, 291B577, 1649563, 9735815, AA795D0. Responses due by 9/24/2019 (Attachments: # 1 Declaration in Support of Motion to Dismiss, # 2 Exhibit Plaintiff's Complaint, dated December 5, 2017, # 3 Exhibit Plaintiff's Order to Show Cause, August 17, 2016, # 4 Exhibit Plaintiff's Notice of Claim, dated August 6, 2016, # 5 Exhibit Court's Order, dated March 8, 2018, # 6 Exhibit Process Receipt and Return forms, e-file on April 5, 2018, # 7 Exhibit Process Receipt and Return forms, e-file on May 14, 2018, # 8 Exhibit Court's Order, dated July 13, 2018, # 9 Exhibit Defendants' request for a pre-motion conference, dated July 13, 2018, # 10 Exhibit Court's Order, dated July 16, 2018, # 11 Affidavit Affidavit of Service)(May, Daniel) Modified on 8/23/2018 (db).
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Request |
 |
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32 |
Filed: 8/9/2018, Entered: 8/10/2018 |
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LETTER from F03E09E or FF805EF, dated 8/3/18 re: Plaintiff informs the Court that he does not have the funds to pay for the thirty-one pages of the Complaint; that he only receives $3.90 every two weeks after all of the encumbrances are deducted; and he requests that an allowance be granted to the plaintiff under the status of In Forma Pauperis. Document filed by F03E09E or FF805EF.(sc)
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Request |
 |
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Filed: 8/1/2018, Entered: 8/1/2018 |
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Request for Copies/Transcripts/Docket Sheet Processed: Mailed letter to FF805EF DIN No. 17-A-1944 at Great Meadow Correctional Facility P.O. Box 51 Comstock, NY 12821-0051 advising that copy/copies of the Complaint requested will be furnished upon receipt of the statutory fee of $15.50 in the form of a company check, certified check or money order payable to the Clerk of the Court, SDNY. (jri)
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 |
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Filed: 7/31/2018, Entered: 7/31/2018 |
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Request for Copy of Document Received: Re 31 Letter. Request for a copy of the Complaint from FF805EF received on 7/31/18. Transmission to Records Management for processing. (sc)
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31 |
Filed: 7/31/2018, Entered: 7/31/2018 |
 |
|
LETTER addressed to Judge Richard J. Sullivan from FF805EF or F03E09E, dated 7/23/18 re: Plaintiff requests the Court to instruct the Pro Se Clerks Office to mail the plaintiff a copy of the said complaint, so that he can fully address all of the grounds which the respondent may allege at the pre-motion conference. Document filed by FF805EF or F03E09E.(sc)
|
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Request |
 |
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Filed: 7/17/2018, Entered: 7/17/2018 |
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Mailed a copy of 30 Order on Motion for Conference, to F03E09E or FF805EF DIN No. 17-A-1944 Great Meadow Correctional Facility P.O. Box 51 Comstock, NY 12821-0051. (vba)
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 |
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Filed: 7/16/2018, Entered: 7/17/2018 |
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Set/Reset Deadlines: Brief due by 8/13/2018. Motions due by 8/13/2018. Responses due by 9/24/2018 Replies due by 10/4/2018. (mro)
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 |
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Filed: 7/16/2018, Entered: 7/17/2018 |
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Transmission to Docket Assistant Clerk. Transmitted re: 30 Order on Motion for Conference, to the Docket Assistant Clerk for case processing. (mro)
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30 |
Filed: 7/16/2018, Entered: 7/17/2018 |
 |
|
ORDER terminating 28 Letter Motion for Conference; terminating 29 Letter Motion for Conference. The Court is in receipt of two letters, both filed on July 13, 2018, from (1) NYC Health + Hospitals and Defendants Drs. Lillian 291B577, 1649563, Soula Proiovolos, AA795D0, and Ixel Cervera (Doc. No. 28), and (2) Defendants Canady, Copeland, and FF805EF or F03E09E (Doc. No. 29). Both letters request that the Court hold a pre-motion conference regarding Defendants' contemplated motions to dismiss this suit. As provided for in the Court's Individual Rules and Practices, it is the Court's standard procedure to require a plaintiff to respond to any defendant's pre-motion letter and to hold a conference regarding the planned motion before briefing commences. However, in light of Plaintiff's status as a pro se, incarcerated litigant proceeding in forma pauperis and the seeming inevitability of Defendants' motions, IT IS HEREBY ORDERED that Plaintiff need not respond to Defendants' pre-motion letters. Rather, IT IS FURTHER ORDERED that the parties shall comply with the following briefing schedule: August 13, 2018: Defendants shall file their motions to dismiss and opening briefs. September 24, 2018: Plaintiff shall respond to Defendants' motions. Plaintiff may either respond separately to each of the two motions or may file a single consolidated response that addresses the arguments raised by both groups of Defendants. October 4, 2018: Defendants shall file their replies in support of their motions. IT IS FURTHER ORDERED that Defendants shall serve their motions and supporting papers on Plaintiff by first-class mail. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff. (Signed by Judge Richard J. Sullivan on 7/16/2018) (mro)
|
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Request |
 |
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29 |
Filed: 7/13/2018, Entered: 7/13/2018 |
 |
|
LETTER MOTION for Conference or for leave to file a motion to dismiss addressed to Judge Richard J. Sullivan from David S. Thayer dated 07/13/2018. Document filed by Canady, Copeland, Lounett FF805EF or F03E09E.(Thayer, David)
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Request |
 |
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28 |
Filed: 7/13/2018, Entered: 7/13/2018 |
 |
|
FIRST LETTER MOTION for Conference Pre-Motion Conference addressed to Judge Richard J. Sullivan from ERIC GINGOLD dated July 13, 2018. Document filed by Ixel Cervera, 291B577, 1649563, 9735815, AA795D0.(Gingold, Eric)
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Request |
 |
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27 |
Filed: 7/12/2018, Entered: 7/12/2018 |
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NOTICE OF APPEARANCE by Eric David Gingold on behalf of Ixel Cervera, Katza, 291B577, 1649563, 9735815, AA795D0. (Gingold, Eric)
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Request |
 |
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26 |
Filed: 7/11/2018, Entered: 7/11/2018 |
|
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NOTICE OF APPEARANCE by Daniel Gerard May on behalf of Ixel Cervera, Katza, 291B577, 1649563, 9735815, AA795D0. (May, Daniel)
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Request |
 |
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25 |
Filed: 7/11/2018, Entered: 7/11/2018 |
|
|
FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 27 Notice) - NOTICE OF APPEARANCE by Eric David Gingold on behalf of Ixel Cervera, 291B577, 1649563, 9735815, AA795D0. (Gingold, Eric) Modified on 7/12/2018 (db).
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Request |
 |
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|
Filed: 5/25/2018, Entered: 5/25/2018 |
|
|
Mailed a copy of 24 Order on Motion for Extension of Time to Answer to FF805EF or F03E09E DIN No. 17-A-1944 Great Meadow Correctional Facility P.O. Box 51 Comstock, NY 12821-0051. (mhe)
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|
 |
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|
Filed: 5/23/2018, Entered: 5/25/2018 |
|
|
Transmission to Docket Assistant Clerk. Transmitted re: 24 Order to the Docket Assistant Clerk for case processing. (ras)
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|
 |
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24 |
Filed: 5/23/2018, Entered: 5/23/2018 |
 |
|
ORDER granting 23 Letter Motion for Extension of Time to Answer. IT IS HEREBY ORDERED that the deadline for Defendants Canady, Copeland, F03E09E or FF805EF, Lueder, and 9735815 to answer or otherwise respond to the complaint is adjourned to July 13, 2018. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff and to terminate the motion pending at docket number 23. (Canady answer due 7/13/2018; Copeland answer due 7/13/2018; Lounett FF805EF or F03E09E answer due 7/13/2018; 1649563 answer due 7/13/2018; 9735815 answer due 7/13/2018.) (Signed by Judge Richard J. Sullivan on 5/23/2018) (ras)
|
|
Request |
 |
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23 |
Filed: 5/22/2018, Entered: 5/22/2018 |
 |
|
LETTER MOTION for Extension of Time to File Answer or otherwise respond to the Complaint addressed to Judge Richard J. Sullivan from David S. Thayer dated 05/22/2018. Document filed by Canady, Lounett FF805EF or F03E09E.(Thayer, David)
|
|
Request |
 |
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22 |
Filed: 5/14/2018, Entered: 5/15/2018 |
|
|
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. 9735815 served on 5/8/2018, answer due 5/29/2018. Service was accepted by Risk Management - (female named Zera). Document filed by FF805EF or F03E09E. (mhe)
|
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Request |
 |
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21 |
Filed: 5/14/2018, Entered: 5/15/2018 |
|
|
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. 1649563 served on 5/8/2018, answer due 5/29/2018. Service was accepted by Risk Management - (female named Zera). Document filed by FF805EF or F03E09E. (mhe)
|
|
Request |
 |
|
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20 |
Filed: 5/10/2018, Entered: 5/10/2018 |
 |
|
LETTER addressed to Judge Richard J. Sullivan from Neil Giovanatti dated May 10, 2018 re: Service Address for Deputy Warden Vaz. Document filed by Canady.(Giovanatti, Neil)
|
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Request |
 |
|
|
19 |
Filed: 5/8/2018, Entered: 5/9/2018 |
 |
|
MEMO ENDORSEMENT on re: 18 Letter filed by Canady. ENDORSEMENT: Pursuant to the Court's March 8, 2018 Valentin Order (Doc. No. 8), IT IS HEREBY ORDERED that within two days of the date of this Order, the City shall provide to the Court and to Plaintiff the address at which Deputy Warden Vaz may be served. (Signed by Judge Richard J. Sullivan on 5/7/2018) (mro)
|
|
Request |
 |
|
|
18 |
Filed: 5/4/2018, Entered: 5/4/2018 |
 |
|
LETTER addressed to Judge Richard J. Sullivan from David S. Thayer dated 05/04/2018 re: the Court's March 8, 2018 Valentin Order. Document filed by Canady.(Thayer, David)
|
|
Request |
 |
|
|
17 |
Filed: 5/4/2018, Entered: 5/4/2018 |
|
|
NOTICE OF APPEARANCE by David Sumner Thayer on behalf of Canady. (Thayer, David)
|
|
Request |
 |
|
|
16 |
Filed: 4/5/2018, Entered: 4/16/2018 |
|
|
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Ixel Cervera. Attempted Service of Summons and Complaint. Service was attempted on 3/26/2018. Document filed by FF805EF or F03E09E. (rro)
|
|
Request |
 |
|
|
15 |
Filed: 4/5/2018, Entered: 4/16/2018 |
|
|
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to AA795D0. Attempted Service of Summons and Complaint. Service was attempted on 3/26/2018. Document filed by FF805EF or F03E09E. (rro)
|
|
Request |
 |
|
|
14 |
Filed: 4/5/2018, Entered: 4/16/2018 |
|
|
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to 291B577. Attempted Service of Summons and Complaint. Service was attempted on 3/26/2018. Document filed by FF805EF or F03E09E. (rro)
|
|
Request |
 |
|
|
13 |
Filed: 4/4/2018, Entered: 4/5/2018 |
|
|
LETTER from FF805EF or F03E09E, dated 3/29/18 re: Plaintiff informs the Court that he received the process receipt and return along with the envelope they were served in; and that a note at the bottom of the form in the area "Remarks" 3/12/18 set up for mail service, 3/26/18 unable to serve as addressed - return to sender via U.S.P.C. etc. Document filed by F03E09E or FF805EF.(sc)
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|
Request |
 |
|
|
12 |
Filed: 3/27/2018, Entered: 3/27/2018 |
|
|
WAIVER OF SERVICE RETURNED UNEXECUTED as to Holiness, E4EA2FC, Scully, Katza, Saunders, Tillery. Document filed by M. Holiness, Katza, E4EA2FC, Carolyn Saunders, Scully, K. Tilley. (Cooke, Brenda)
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Request |
 |
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11 |
Filed: 3/27/2018, Entered: 3/27/2018 |
|
|
WAIVER OF SERVICE RETURNED EXECUTED. Copeland waiver sent on 3/27/2018, answer due 5/29/2018; Canady waiver sent on 3/27/2018, answer due 5/29/2018; Lounett FF805EF or F03E09E waiver sent on 3/27/2018, answer due 5/29/2018. Document filed by Copeland; Canady; Lounett F03E09E or FF805EF. (Cooke, Brenda)
|
|
Request |
 |
|
|
10 |
Filed: 3/27/2018, Entered: 3/27/2018 |
|
|
LETTER from F03E09E or FF805EF, dated 3/21/18 re: Plaintiff requests that the Court Clerks Office make copies of his 42:1983 complaint. Document filed by FF805EF or F03E09E.(sc)
|
|
Request |
 |
|
|
9 |
Filed: 3/9/2018, Entered: 3/9/2018 |
|
|
FRCP 4 SERVICE PACKAGE MAILED to FF805EF or F03E09E DIN No. 17-A-1944 Great Meadow Correctional Facility P.O. Box 51 Comstock, NY 12821-0051, at, on 3/9/2018 Re: 8 Order of Service. 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 (nb)
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Request |
 |
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Filed: 3/9/2018, Entered: 3/9/2018 |
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FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 3/9/2018 Re: Judge Richard J. Sullivan 8 Order of Service. The following document(s) were enclosed in the Service Package: Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s) Ixel Cervera, 291B577, 9735815, 1649563, AA795D0. (nb)
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Filed: 3/9/2018, Entered: 3/9/2018 |
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SUMMONS ISSUED as to Ixel Cervera, 291B577, 9735815, 1649563, AA795D0. (nb)
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Filed: 3/9/2018, Entered: 3/9/2018 |
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Mailed a copy of 2 Complaint, 8 Order of Service, Add and Terminate Parties, Terminate Motions to New York City Law Department, 100 Church Street, New York, New York 10007. (rro)
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Filed: 3/8/2018, Entered: 3/8/2018 |
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Transmission to Docket Assistant Clerk. Transmitted re: 8 Order to the Docket Assistant Clerk for case processing. (ras)
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8 |
Filed: 3/8/2018, Entered: 3/8/2018 |
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ORDER: The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. The Clerk of Court is further instructed to complete the USM-285 forms with the addresses for Drs. Lillian 291B577, 1649563, Soula Proiovolos, AA795D0, and Ixel Cervera, issue a summons as to each listed Defendant, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is also directed to mail a copy of this order and the Complaint to the Law Department at: New York City Law Department, 100 Church Street, New York, NY 10007. The Clerk of Court is finally directed to electronically notify the New York City Department of Correction and the New York City Law Department of this order. The Court requests that Defendants Copeland, Holiness, E4EA2FC, Scully, Canady, Katza, Saunders, Windley, Tillery, and Lounett FF805EF or F03E09E waive service of summons. The Court dismisses the Complaint as to Defendant Warden Monica Windley. The Court denies Plaintiff's application for the Court to request counsel (Doc. No. 3) without prejudice. 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 pauper is 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). (Waiver of Service due by 4/9/2018.) (Motions terminated: 3 APPLICATION for the Court to Request Counsel, filed by FF805EF or F03E09E.) (Signed by Judge Richard J. Sullivan on 3/7/2018) (ras)
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Request |
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Filed: 2/13/2018, Entered: 2/13/2018 |
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Magistrate Judge Katharine H. Parker 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: http://nysd.uscourts.gov/forms.php. (wb)
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Filed: 2/13/2018, Entered: 2/13/2018 |
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NOTICE OF CASE REASSIGNMENT to Judge Richard J. Sullivan. Judge Colleen McMahon is no longer assigned to the case. (wb)
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Filed: 2/7/2018, Entered: 2/7/2018 |
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Mailed a copy of 6 Order Granting IFP Application in Prisoner Case to FF805EF or F03E09E, DIN No. 17-A-1944, Great Meadow Correctional Facility, P.O. Box 51, Comstock, NY 12821-0051; and Superintendent, Great Meadow Correctional Facility, P.O. Box 51, Comstock, NY 12821-0051. (rro)
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Filed: 2/6/2018, Entered: 2/7/2018 |
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Transmission to Docket Assistant Clerk. Transmitted re: 6 Order Granting IFP Application in Prisoner Case, to the Docket Assistant Clerk for case processing. (sac)
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6 |
Filed: 2/6/2018, Entered: 2/7/2018 |
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ORDER GRANTING IFP APPLICATION IN PRISONER CASE: Plaintiff's application for leave to proceed without prepayment of fees is granted. A prisoner bringing a civil action is required to pay the full $350 filing fee even when proceeding in forma pauperis (IFP), that is, without prepayment of fees.... The Court must collect, when funds exist in a prisoner's account, an initial partial filing fee plus monthly payments. The Clerk of Court is directed to send a copy of this order and the prisoner authorization to the agency having custody of Plaintiff. That agency is directed to forward copies of Plaintiff's prison trust fund account for the past six months and to disburse the payments required under 28 U.S.C. § 1915 to the United States District Court for the Southern District of New York and to include the above docket number on the disbursement before sending it to the Court. If Plaintiff is transferred to another facility, the current facility shall provide a copy of this order to the facility to which Plaintiff is transferred. The Clerk of Court is also directed to send a copy of this order to Plaintiff and note service on the docket. Finally, it is Plaintiff's obligation to promptly submit a written notification to the Court if Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. (Signed by Judge Colleen McMahon on 2/6/2018) (sac)
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Request |
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5 |
Filed: 1/30/2018, Entered: 1/31/2018 |
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PRISONER AUTHORIZATION. Document filed by FF805EF or F03E09E.(sc)
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Request |
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Filed: 1/17/2018, Entered: 1/17/2018 |
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Mailed a copy of 4 Order Directing Prisoner Authorization,, to FF805EF or F03E09E DIN No. 17-A-1944, Great Meadow Correctional Facility, P.O. Box 51, Comstock, NY 12821-0051.(rro)
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Filed: 1/17/2018, Entered: 1/17/2018 |
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NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (wb)
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Filed: 1/17/2018, Entered: 1/17/2018 |
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Transmission to Docket Assistant Clerk. Transmitted re: 4 Order Directing Prisoner Authorization to the Docket Assistant Clerk for case processing. (asg)
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4 |
Filed: 1/17/2018, Entered: 1/17/2018 |
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ORDER DIRECTING PRISONER AUTHORIZATION: Plaintiff is directed to submit a completed and signed Prisoner Authorization Form to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. 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). Prisoner Authorization Form due by 2/16/2018. (Signed by Judge Colleen McMahon on 1-17-2017) (Attachments: # 1 Exhibit Prisoner Authorization)(asg)
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Request |
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3 |
Filed: 12/19/2017, Entered: 12/20/2017 |
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APPLICATION for the Court to Request Counsel. Document filed by F03E09E or FF805EF.(sac)
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Request |
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Filed: 12/19/2017, Entered: 12/20/2017 |
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Case Designated ECF. (sac)
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2 |
Filed: 12/19/2017, Entered: 12/20/2017 |
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COMPLAINT against Canady, Ixel Cervera, Copeland, Lounett F03E09E or FF805EF, Deputy Warden for Programs, Executive Director of Programs, M. Holiness, Katza, 291B577, 1649563, 9735815, E4EA2FC, Carolyn Saunders, Scully, AA795D0, K. Tilley. Document filed by FF805EF or F03E09E.(sac)
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Request |
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1 |
Filed: 12/19/2017, Entered: 12/20/2017 |
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REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by FF805EF or F03E09E.(sac)
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Request |
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