Smith v. Collins et al
Federal Civil Lawsuit New York Southern District Court, Case No. 1:15-cv-00216
District Judge Paul A. Engelmayer, presiding

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Last Updated January 11, 2017 at 1:06 AM ST (4.5 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Osmondo D. Smith, Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Osmondo D. Smith +Pleas eus eavalid

Toggle Switch Represented by Debevoise & Plimpton LLP

Name Phone Fax E-Mail
Space Harriet M. Antczak +1 212 909 6000 +1 202 909 6836 hmantcza@debevoise.com
v.
No Logo Department of Correction, Defendant

Toggle Switch Represented by City of New York

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Carolyn Elizabeth Kruk +1 212 788 1165 +1 212 788 0940 ckruk@law.nyc.gov
No Logo Deputy Warden Hayes, Defendant

Toggle Switch Represented by City of New York

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Carolyn Elizabeth Kruk +1 212 788 1165 +1 212 788 0940 ckruk@law.nyc.gov
No Logo Karen Collins, Defendant

Toggle Switch Represented by City of New York

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Carolyn Elizabeth Kruk +1 212 788 1165 +1 212 788 0940 ckruk@law.nyc.gov
No Logo Officer Mikell, Defendant

Toggle Switch Represented by City of New York

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Carolyn Elizabeth Kruk +1 212 788 1165 +1 212 788 0940 ckruk@law.nyc.gov
No Logo Officer Patterson, Defendant

Toggle Switch Represented by City of New York

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Carolyn Elizabeth Kruk +1 212 788 1165 +1 212 788 0940 ckruk@law.nyc.gov
No Logo Security Capt. Gibbs, Defendant

Toggle Switch Represented by City of New York

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Carolyn Elizabeth Kruk +1 212 788 1165 +1 212 788 0940 ckruk@law.nyc.gov
City of New York City of New York, Defendant
Officially listed as "The City of New York"

Toggle Switch Represented by City of New York

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Carolyn Elizabeth Kruk +1 212 788 1165 +1 212 788 0940 ckruk@law.nyc.gov
Citation Section 42 U.S.C. § 1983
Nature of Suit 555 - Civil Rights (Prison Condition)
  Entries (41) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 42 Filed: 9/19/2016, Entered: None Unknown Document Type
CERTIFICATE OF SERVICE of Answer to Amended Complaint served on Plaintiff Osmondo Smith on September 19, 2016. Service was made by mail. Document filed by Karen Collins, Gibbs, Hayes, Mikell, Patterson, The City of New York. (Kruk, Carolyn) (Entered: 09/19/2016)
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    Legal Document (Payment Possibly Required) 41 Filed: 9/19/2016, Entered: None Unknown Document Type
    ANSWER to 40 Amended Complaint,. Document filed by Karen Collins, Gibbs, Hayes, Mikell, Patterson, The City of New York.(Kruk, Carolyn) (Entered: 09/19/2016)
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      Legal Document (Payment Possibly Required) 40 Filed: 8/31/2016, Entered: None Unknown Document Type
      AMENDED COMPLAINT amending 2 Complaint against Karen Collins, Gibbs, Hayes, Mikell, Patterson, The City of New York with JURY DEMAND.Document filed by Osmondo D. Smith. Related document: 2 Complaint filed by Osmondo D. Smith. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Affidavit / Certificate of Service)(Antczak, Harriet) (Entered: 08/31/2016)
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        Legal Document (Payment Possibly Required) 39 Filed: 8/30/2016, Entered: None Unknown Document TypeCourt Filing
        ORDER denying 38 Motion to Seal Document. Plaintiff's claims place his medical condition squarely at issue, and his medical records will therefore be central to any judicial determination of those claims. Furthermore, those records do not appear to contain any information of a particularly sensitive nature. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 08/30/2016)
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          Legal Document (Payment Possibly Required) 38 Filed: 8/29/2016, Entered: None Unknown Document TypeCourt Filing
          LETTER MOTION to Seal Document addressed to Magistrate Judge James C. Francis IV from Harriet M. Antczak dated August 29, 2016. Document filed by Osmondo D. Smith.(Antczak, Harriet) (Entered: 08/29/2016)
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            Legal Document (Payment Possibly Required) 37 Filed: 8/8/2016, Entered: None Unknown Document TypeCourt Filing
            CIVIL CASE MANAGEMENT PLAN: Plaintiff shall file an amended complaint, if any, no later than August 31, 2016. All fact discovery shall be completed no later than December 16, 2016. The parties do not anticipate the need for expert discovery at this time, but should the need arise, they agree to confer regarding a timeline for expert discovery by no later than October 31, 2016. Depositions are to be completed by no later than December 16, 2016. (As further set forth in this Order.) The pretrial order shall be submitted by January 16, 2017, unless any dispositive motion is filed by that date. If such a motion is filed, the pretrial order shall be submitted 30 days after the motion is decided. Amended Pleadings due by 8/31/2016. Motions due by 1/16/2017. Deposition due by 12/16/2016. Fact Discovery due by 12/16/2016. Expert Discovery due by 10/31/2016. Pretrial Order due by 1/16/2017. (Signed by Magistrate Judge James C. Francis on 8/8/2016) (cf) (Entered: 08/08/2016)
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              Legal Document (Payment Possibly Required) 36 Filed: 8/5/2016, Entered: None Unknown Document Type
              RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Karen Collins, Gibbs, Hayes, Mikell, Patterson. (Attachments: # 1 Text of Proposed Order)(Kruk, Carolyn) (Entered: 08/05/2016)
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                Legal Document (Payment Possibly Required) 35 Filed: 7/8/2016, Entered: None Unknown Document Type
                NOTICE OF LIMITED APPEARANCE OF PRO BONO COUNSEL for Osmondo D. Smith. (Antczak, Harriet) (Entered: 07/08/2016)
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                  Legal Document (Payment Possibly Required) 34 Filed: 4/4/2016, Entered: None Unknown Document Type
                  LETTER from Osmondo Smith, dated 3/28/16 re: Plaintiff informs the Court that his new address is as follows: Attica Correctional Facility, Attica, New York 14011-0149. Document filed by Osmondo D. Smith.(sc) (Entered: 04/05/2016)
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                    Legal Document (Payment Possibly Required) 33 Filed: 3/18/2016, Entered: None Unknown Document TypeCourt Filing
                    MEMORANDUM AND ORDER GRANTING PRO BONO COUNSEL FOR LIMITED PURPOSES. In order to allow time for Limited Discovery Counsel to appear on Mr. Smith's behalf, discovery shall be stayed until July 29, 2016, and the time for the plaintiff to submit an amended complaint is extended to August 31, 2016. If no attorney files a notice of appearance by July 29, 2016, Mr. Smith must either file an amended complaint by August 31, 2016, or proceed only with his claims against the individual defendants. (As further set forth in this Order.) (Amended Pleadings due by 8/31/2016.) (Signed by Magistrate Judge James C. Francis on 3/18/2016) Copies Mailed By Chambers. (adc) (Entered: 03/18/2016)
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                      Legal Document (Payment Possibly Required) 32 Filed: 3/9/2016, Entered: None Unknown Document TypeCourt Filing
                      LETTER addressed to Judge Paul A. Engelmayer from Osmondo Smith re: Plaintiff informs the Court that he is now at Downstate Correctional Facility, Red Schoolhouse Road, Box F, Fishkill, New York 12524; and he requests that the Court schedule a Phone Emergency Conference to inform him as to where they are with this case. Document filed by Osmondo D. Smith.(sc) (Entered: 03/09/2016)
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                        Legal Document (Payment Possibly Required) 31 Filed: 2/29/2016, Entered: None Unknown Document TypeCourt Filing
                        ORDER. The Honorable Paul A. Engelmayer has issued a decision dated February 26, 2016, dismissing without prejudice the plaintiff's claims against the City of New York. Therefore, plaintiff shall file an amended complaint by April 29, 2016, asserting any claims against that defendant in conformity with Judge Engelmayer's decision, failing which the claims against the City of New York shall be deemed dismissed with prejudice. SO ORDERED. (Amended Pleadings due by 4/29/2016.) (Signed by Magistrate Judge James C. Francis on 2/29/2016) Copies Mailed By Chambers. (adc) (Entered: 02/29/2016)
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                          Legal Document (Payment Possibly Required) 30 Filed: 2/26/2016, Entered: None Unknown Document TypeCourt Filing
                          OPINION & ORDER re: 21 AMENDED MOTION to Dismiss filed by Department of Correction, The City of New York, Hayes, Mikell, Patterson, Gibbs, Karen Collins, 16 MOTION to Dismiss the Complaint filed by The City of New York, Hayes, Patterson, Gibbs, Karen Collins. The Court adopts the Report in full. For the reasons articulated in the Report, the Court dismisses Smith's claim against the City of New York, with leave to amend. The Court denies the motion to dismiss Smith's claims against the individual defendants. The case remains referred to Judge Francis for pretrial supervision, including, as relevant now, for the purpose of setting a deadline for any amended pleading and/or setting a discovery schedule. The Clerk of Court is directed to terminate the motions pending at docket numbers 21 and 16. (As further set forth in this Order.) (Signed by Judge Paul A. Engelmayer on 2/26/2016) (kko) (Entered: 02/26/2016)
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                            Legal Document (Payment Possibly Required) 29 Filed: 1/26/2016, Entered: None Unknown Document Type
                            PRO SE MEMORANDUM dated 1/18/16 re: CHANGE OF ADDRESS for Osmondo D. Smith. New Address: #241-12-08006, 1600 Hazen Street, E. Elmhurst, New York, 11370. (sc) (Entered: 01/26/2016)
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                              Legal Document (Payment Possibly Required) 28 Filed: 12/2/2015, Entered: None Unknown Document TypeCourt Filing
                              LETTER addressed to Magistrate Judge James C. Francis IV from Osmondo Smith re: Plaintiff notifies the Court of his transfer to a new address at the following: O.B.C.C., Rikers Island, 1600 Hazen Street, E. Elmhurst, New York 11370. Document filed by Osmondo D. Smith.(sc) (Entered: 12/03/2015)
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                                Legal Document (Payment Possibly Required) 27 Filed: 10/1/2015, Entered: None Unknown Document TypeCourt Filing
                                REPORT AND RECOMMENDATION re: 21 AMENDED MOTION to Dismiss filed by Department of Correction, The City of New York, Hayes, Mikell, Patterson, Gibbs, Karen Collins, 16 MOTION to Dismiss the Complaint filed by The City of New York, Hayes, Patterson, Gibbs, Karen Collins. For the foregoing reasons, I recommend that the defendants' motion to dismiss be granted in part and denied in part. Mr. Smith's claims against the City of New York should be dismissed without prejudice; Mr. Smith should be provided leave to amend his complaint to state a plausible claim of municipal liability. The defendants' motion to dismiss the claims against Warden Collins, Warden Hayes, Captain Gibbs, and Officers Mikell and Patterson should be denied. Pursuant to 28 U.S.C. § 636(b)(1) and Rules 72, 6(a), and 6(d) of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days from this date to file written objections to this Report and Recommendation. Such objections shall be filed with the Clerk of the Court, with extra copies delivered to the chambers of the Honorable Paul A. Engelmayer, Room 660, and to the chambers of the undersigned, Room 1960, 500 Pearl Street, New York, New York 10007. Failure to file timely objections will preclude appellate review. (As further set forth in this Report and Recommendation. Objections to R&R due by 10/19/2015 (Signed by Magistrate Judge James C. Francis on 10/1/2015) Copies Mailed By Chambers. (mro) (Entered: 10/01/2015)
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                                  Legal Document (Payment Possibly Required) 26 Filed: 9/4/2015, Entered: None Unknown Document Type
                                  CERTIFICATE OF SERVICE of Reply in Further Support of Defendants' Amended Motion to Dismiss, and all unreported decisions cited therein served on Plaintiff on September 4, 2015. Service was made by mail. Document filed by Karen Collins, Department of Correction, Gibbs, Hayes, Mikell, Patterson, The City of New York. (Kruk, Carolyn) (Entered: 09/04/2015)
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                                    Legal Document (Payment Possibly Required) 25 Filed: 9/4/2015, Entered: None Unknown Document Type
                                    REPLY MEMORANDUM OF LAW in Support re: 21 AMENDED MOTION to Dismiss . . Document filed by Karen Collins, Department of Correction, Gibbs, Hayes, Mikell, Patterson, The City of New York. (Kruk, Carolyn) (Entered: 09/04/2015)
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                                      Legal Document (Payment Possibly Required) 24 Filed: 8/24/2015, Entered: None Unknown Document Type
                                      (Response)NOTICE OF MOTION IN OPPOSITION TO DISMISSAL; re: 21 AMENDED MOTION to Dismiss . Document filed by Osmondo D. Smith. (sc) (Entered: 08/25/2015)
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                                        Legal Document (Payment Possibly Required) 23 Filed: 7/27/2015, Entered: None
                                        CERTIFICATE OF SERVICE of Notice of Amended Motion to Dismiss, Memoradum in Support, and unreported decisions on July 27, 2015. Service was made by mail. Document filed by Karen Collins, Department of Correction, Gibbs, Hayes, Mikell, Patterson, The City of New York. (Kruk, Carolyn) (Entered: 07/27/2015)
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                                          Legal Document (Payment Possibly Required) 22 Filed: 7/27/2015, Entered: None
                                          MEMORANDUM OF LAW in Support re: 21 AMENDED MOTION to Dismiss . . Document filed by Karen Collins, Department of Correction, Gibbs, Hayes, Mikell, Patterson, The City of New York. (Kruk, Carolyn) (Entered: 07/27/2015)
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                                            Legal Document (Payment Possibly Required) 21 Filed: 7/27/2015, Entered: None
                                            AMENDED MOTION to Dismiss . Document filed by Karen Collins, Department of Correction, Gibbs, Hayes, Mikell, Patterson, The City of New York.(Kruk, Carolyn) (Entered: 07/27/2015)
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                                              Legal Document (Payment Possibly Required) 20 Filed: 7/8/2015, Entered: None Court Filing
                                              .ORDER granting 19 Letter Motion for Extension of Time to Answer. By July 27, 2015, an amended motion to dismiss may be submitted on behalf of all defendants. HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 07/08/2015)
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                                                Legal Document (Payment Possibly Required) 19 Filed: 7/7/2015, Entered: None Court Filing
                                                LETTER MOTION for Extension of Time to File Answer re: 2 Complaint and for request to amend motion to dismiss addressed to Magistrate Judge James C. Francis IV from Carolyn Kruk dated July 7, 2015. Document filed by Karen Collins, Gibbs, Hayes, Mikell, Patterson, The City of New York.(Kruk, Carolyn) (Entered: 07/07/2015)
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                                                  Legal Document (Payment Possibly Required) 18 Filed: 7/6/2015, Entered: None
                                                  CERTIFICATE OF SERVICE of Notice of Motion to Dismiss, Memoradum of Law in Support of Defendants' Motion to Dismiss, and all unreported decisions on July 6, 2015. Service was made by mail. Document filed by Karen Collins, Gibbs, Hayes, Patterson, The City of New York. (Kruk, Carolyn) (Entered: 07/06/2015)
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                                                    Legal Document (Payment Possibly Required) 17 Filed: 7/6/2015, Entered: None
                                                    MEMORANDUM OF LAW in Support re: 16 MOTION to Dismiss the Complaint. . Document filed by Karen Collins, Gibbs, Hayes, Patterson, The City of New York. (Kruk, Carolyn) (Entered: 07/06/2015)
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                                                      Legal Document (Payment Possibly Required) 16 Filed: 7/6/2015, Entered: None
                                                      MOTION to Dismiss the Complaint. Document filed by Karen Collins, Gibbs, Hayes, Patterson, The City of New York.(Kruk, Carolyn) (Entered: 07/06/2015)
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                                                        Legal Document (Payment Possibly Required) 15 Filed: 6/22/2015, Entered: None Court Filing
                                                        ORDER granting 14 Letter Motion for Extension of Time to Answer. Defendants shall answer or move with respect to the complaint by July 6, 2015. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 06/22/2015)
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                                                          Legal Document (Payment Possibly Required) 14 Filed: 6/18/2015, Entered: None Court Filing
                                                          FIRST LETTER MOTION for Extension of Time to File Answer to the Complaint addressed to Magistrate Judge James C. Francis IV from Carolyn E Kruk dated June 18 2015. Document filed by Karen Collins, Gibbs, Hayes, Patterson, The City of New York.(Kruk, Carolyn) (Entered: 06/18/2015)
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                                                            Legal Document (Payment Possibly Required) 13 Filed: 4/28/2015, Entered: None Court Filing
                                                            ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement), Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge James C. Francis. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/28/2015) (ama) (Entered: 04/28/2015)
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                                                              Legal Document (Payment Possibly Required) 12 Filed: 4/24/2015, Entered: None
                                                              NOTICE OF APPEARANCE by Carolyn Elizabeth Kruk on behalf of Department of Correction, The City of New York. (Kruk, Carolyn) (Entered: 04/24/2015)
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                                                                Legal Document (Payment Possibly Required) 11 Filed: 4/21/2015, Entered: None
                                                                WAIVER OF SERVICE RETURNED EXECUTED. Patterson waiver sent on 4/21/2015, answer due 6/22/2015; Gibbs waiver sent on 4/21/2015, answer due 6/22/2015; Mikell waiver sent on 4/21/2015, answer due 6/22/2015; Karen Collins waiver sent on 4/21/2015, answer due 6/22/2015; Hayes waiver sent on 4/21/2015, answer due 6/22/2015. Document filed by Patterson; Gibbs; Mikell; Karen Collins; Hayes. (Pinnock, Nadene) (Entered: 04/21/2015)
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                                                                  Legal Document (Payment Possibly Required) 10 Filed: 3/25/2015, Entered: None Court Filing
                                                                  OPINION & ORDER: For the foregoing reasons, the Court dismisses Smith's claims against the New York City Department of Correction; directs the Clerk of Court to serve this order on the New York City Department of Correction and the New York City Law Department; respectfully requests that the remaining defendants (i.e., the City of New York, Warden Collins, Deputy Warden Hayes, Security Captain Gibbs, Officer Mikell, and Officer Patterson) waive service of summons; and denies Smith's request for counsel, without prejudice to his renewing that request at a later date. 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). Waiver of Service due by 4/27/2015. (Signed by Judge Paul A. Engelmayer on 3/25/2015) (kl) (Entered: 03/25/2015)
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                                                                    Legal Document (Payment Possibly Required) 9 Filed: 1/28/2015, Entered: None
                                                                    PRO SE MEMORANDUM dated 1/28/15 re: CHANGE OF ADDRESS for Osmondo D. Smith. New Address: ID#241-12-08006, G.R.V.C., 09-09 Hazen Streett, E. Elmhurst, New York, 11370. (sc) (Entered: 01/29/2015)
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                                                                      Legal Document (Payment Possibly Required) 8 Filed: 1/26/2015, Entered: None Court Filing
                                                                      LETTER addressed to Judge George B. Daniels from Osmondo D. Smith, dated 1/12/15 re: Plaintiff requests that the Court inform him whether it received his letter on his moving which he sent two weeks ago; that he requests that the Court contact his brother, Keith Davis, when anything happens concerning the plaintiff, because he is not safe in this setting with the mail in this building; and Keith Davis's phone number is 646/879-0148. Document filed by Osmondo D. Smith.(sc) (Entered: 01/29/2015)
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                                                                        Legal Document (Payment Possibly Required) 7 Filed: 1/23/2015, Entered: None Court Filing
                                                                        ORDER denying 3 Motion to Appoint Counsel. Accordingly, it is hereby ORDERED that plaintiff's application for the appointment of counsel is denied without prejudice to renewal at such time as the existence of a potentially meritorious claim may be demonstrated. (Signed by Judge Paul A. Engelmayer on 1/23/2015) (lmb) (Entered: 01/23/2015)
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                                                                          Legal Document (Payment Possibly Required) 5 Filed: 1/15/2015, Entered: None Court Filing
                                                                          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.... Accordingly, the Clerk of the Court is directed to send a copy of this order and the prisoner authorization to the agency having custody of the Plaintiff.... The Clerk of the Court is also directed to send a copy of this order to Plaintiff and note service on the docket.... (Signed by Judge Loretta A. Preska on 1/15/2015) (sbr) (Entered: 01/15/2015)
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                                                                            Legal Document (Payment Possibly Required) 4 Filed: 1/12/2015, Entered: None
                                                                            PRISONER AUTHORIZATION. Document filed by Osmondo D. Smith.(rdz) (Entered: 01/13/2015)
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                                                                              Legal Document (Payment Possibly Required) 3 Filed: 1/12/2015, Entered: None
                                                                              APPLICATION for the Court to Request Pro Bono Counsel. Document filed by Osmondo D. Smith.(rdz) (Entered: 01/13/2015)
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                                                                                Legal Document (Payment Possibly Required) 2 Filed: 1/12/2015, Entered: None
                                                                                COMPLAINT against Karen Collins, Department of Correction, Gibbs, Hayes, Mikell, Patterson, The City of New York. Document filed by Osmondo D. Smith. (Attachments: # 1 Part 2)(rdz) (Entered: 01/13/2015)
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                                                                                  Legal Document (Payment Possibly Required) 1 Filed: 1/12/2015, Entered: None
                                                                                  REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Osmondo D. Smith.(rdz) (Entered: 01/13/2015)
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