Stevens v. Dommes et al
Federal Civil Lawsuit New York Southern District Court, Case No. 1:05-cv-09589
District Judge Alvin K. Hellerstein, presiding

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No Logo Gerald Stevens, Plaintiff

Toggle Switch Represented by Din# 06-A-0760

Name Phone Fax E-Mail
Space Gerald Stevens
v.
No Logo Acosta, Defendant

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Morgan David Kunz +1 212 356 2357 +1 212 788 9776 Morgan.Kunz@gmail.com

Toggle Switch Represented by Wigdor LLP

Name Phone Fax E-Mail
Space Basil Constantine Sitaras +1 203 977 7548 +1 203 989 0807 bsitaras@daypitney.com
No Logo Captain Doomes, Defendant

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Morgan David Kunz +1 212 356 2357 +1 212 788 9776 Morgan.Kunz@gmail.com

Toggle Switch Represented by Wigdor LLP

Name Phone Fax E-Mail
Space Basil Constantine Sitaras +1 203 977 7548 +1 203 989 0807 bsitaras@daypitney.com
No Logo Dean Gibson, Defendant

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Morgan David Kunz +1 212 356 2357 +1 212 788 9776 Morgan.Kunz@gmail.com

Toggle Switch Represented by Wigdor LLP

Name Phone Fax E-Mail
Space Basil Constantine Sitaras +1 203 977 7548 +1 203 989 0807 bsitaras@daypitney.com
No Logo John Doe, Defendant

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Morgan David Kunz +1 212 356 2357 +1 212 788 9776 Morgan.Kunz@gmail.com
No Logo N.Y.C.D.O.C., Defendant

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Morgan David Kunz +1 212 356 2357 +1 212 788 9776 Morgan.Kunz@gmail.com

Toggle Switch Represented by Wigdor LLP

Name Phone Fax E-Mail
Space Basil Constantine Sitaras +1 203 977 7548 +1 203 989 0807 bsitaras@daypitney.com
No Logo r Diaz, Defendant

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Morgan David Kunz +1 212 356 2357 +1 212 788 9776 Morgan.Kunz@gmail.com

Toggle Switch Represented by Wigdor LLP

Name Phone Fax E-Mail
Space Basil Constantine Sitaras +1 203 977 7548 +1 203 989 0807 bsitaras@daypitney.com
Citation Section 42 U.S.C. § 1983
Nature of Suit 550 - Prisoner Petitions: Civil Rights
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Legal Document (Payment Possibly Required) 27 Filed: 7/15/2010, Entered: None Unknown Document Type
PRO SE MEMORANDUM dated 7/15/10 re: CHANGE OF ADDRESS for Gerald Stevens. New Address: 06-A-0760, Coxsackie Correctional Facility, PO Box 999, Coxsackie, NY, 12051. (mro) (Entered: 07/19/2010)
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    Legal Document (Payment Possibly Required) 26 Filed: 4/20/2010, Entered: None Unknown Document Type
    PRO SE MEMORANDUM dated 04/20/2010 re: CHANGE OF ADDRESS for Gerald Stevens. New Address: Din# 06-A-0760, Greene Correctional Facility, P.O. Box 975, Coxsackie, NY, 12051-0975. (kj) (Entered: 04/28/2010)
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      Legal Document (Payment Possibly Required) 25 Filed: 5/29/2008, Entered: None Unknown Document TypeCourt Filing
      STIPULATION AND ORDER OF SETTLEMENT AND DISCONTINUANCE, The above referenced action is hereby dismissed, with prejudice, and without costs, expenses, or fees in excess of the amount specified in paragraph "2"; The City of New York agrees to pay plaintiff Gerald Stevens the sum of Two Thousand Three Hundred Dollars ($2,300) in full satisfaction of all claims made against the defendants, including claims for costs, expenses, and attorney fees. In consideration for the payment of this sum, plaintiff agrees to the dismissal of all the claims against the named defendants, the New York City Department of Correction, Captain Doomes, Correction Officer Diaz, Correction Officer Acosta, and Correction officer Gibson-Dean, and any present or former employees or agents of the City of New York, or any agency thereof, including, but not limited to, the New York City Department of Corrections, from any and all liability, claims, or rights of action under state or federal law arising form and contained in the complaint in this action, including claims for costs, expenses and attorney fees. (Signed by Judge Alvin K. Hellerstein on 5/28/08) (mme) (Entered: 05/29/2008)
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        Legal Document (Payment Possibly Required) 24 Filed: 10/25/2007, Entered: None Unknown Document Type
        NOTICE OF APPEARANCE of Morgan D. Kunz by Morgan David Kunz on behalf of Doomes, Dean Gibson, Acosta, John Doe(#1(DOC)), Diaz, John Doe(#2 (DOC)), N.Y.C.D.O.C. (pl) (Entered: 10/26/2007)
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          Legal Document (Payment Possibly Required) 23 Filed: 7/13/2007, Entered: None Unknown Document Type
          MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Doomes served on 6/29/2007, answer due 7/19/2007. Service was made by Mail. Document filed by Gerald Stevens. (jpo) (Entered: 07/20/2007)
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            Legal Document (Payment Possibly Required) 22 Filed: 6/29/2007, Entered: None Unknown Document Type
            ANSWER to Amended Complaint with JURY DEMAND. Document filed by Doomes, Dean Gibson, Acosta, Diaz, N.Y.C.D.O.C. Related document: 14 Amended Complaint filed by Gerald Stevens.(dle) (Entered: 07/03/2007)
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              Legal Document (Payment Possibly Required) 21 Filed: 6/12/2007, Entered: None Unknown Document Type
              MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Acosta served on 6/8/2007, answer due 6/28/2007. Service was accepted by Capt. Brown. Document filed by Gerald Stevens. (tro) (Entered: 06/13/2007)
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                Legal Document (Payment Possibly Required) 20 Filed: 6/12/2007, Entered: None Unknown Document Type
                MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Diaz served on 6/8/2007, answer due 6/28/2007. Service was accepted by Capt Brown. Document filed by Gerald Stevens. (tro) (Entered: 06/13/2007)
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                  Legal Document (Payment Possibly Required) 19 Filed: 6/12/2007, Entered: None Unknown Document Type
                  MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Dean Gibson served on 6/8/2007, answer due 6/28/2007. Service was accepted by Capt Brown. Document filed by Gerald Stevens. (tro) (Entered: 06/13/2007)
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                    Legal Document (Payment Possibly Required) 18 Filed: 6/12/2007, Entered: None Unknown Document Type
                    MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. N.Y.C.D.O.C. served on 6/8/2007, answer due 6/28/2007. Service was accepted by M. Santana. Document filed by Gerald Stevens. (tro) (Entered: 06/13/2007)
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                      Legal Document (Payment Possibly Required) 17 Filed: 5/23/2007, Entered: None Unknown Document TypeCourt Filing
                      ORDER that the clerk of of the court shall modify the caption in this case as indicated above, to substitute "Captain Doomes", the proper spelling of the last name of the inidvidual plaintiff attempts to serve, in place of the erroneously written "Captain Dommes" and to reflect the inclusion of the other individuals as listed herein; the pro se office shall issue a corrected amended summons, with a copy of this order, to plaintiff so that plaitniff can facilitate service of the dfts; time to effect service shall be enlarged, one last time to 7/1/07 (Signed by Judge Alvin K. Hellerstein on 5/14/07) (dle) (Entered: 05/25/2007)
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                        Legal Document (Payment Possibly Required) 16 Filed: 5/18/2007, Entered: None Unknown Document TypeCourt Filing
                        (DUPLICATE ORIGINAL) ORDER MODIFYING CAPTION AND REGULATING PROCEEDINGS; The Clerk of the Court shall modify the caption in this case, as indicated in this order, to substitute "Captain Doomes," the proper spelling of the last name of the individual Plaintiff attempts to serve, in place of the erroneously written "Captain Dommes," and to reflect the inclusion of the other individuals as listed in this caption; The Pro Se Office shall issue a corrected, amended summons, w/ a copy of this order, to Plaintiff, so that Plaintiff can facilitate service of the defendants; Time to effect service shall be enlarged, one last time, to 7/1/07. (Signed by Judge Alvin K. Hellerstein on 5/14/07) (ae) (Entered: 05/21/2007)
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                          Legal Document (Payment Possibly Required) 15 Filed: 5/2/2007, Entered: None Unknown Document Type
                          PRO SE MEMORANDUM dated 5/10/07 re: CHANGE OF ADDRESS for Gerald Stevens. New Address: 06-A-0760, Fishkill Corr. Fac., PO Box 1245, Beacon, NY, 12508. (tro) (Entered: 05/15/2007)
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                            Legal Document (Payment Possibly Required) 14 Filed: 5/2/2007, Entered: None Unknown Document Type
                            AMENDED COMPLAINT amending 2 PLRA Sec. 7(2)(g)(2) Complaint against Dean Gibson, Acosta, Diaz, Dommes, N.Y.C.D.O.C..Document filed by Gerald Stevens. Related document: 2 PLRA Sec. 7(2)(g)(2) Complaint filed by Gerald Stevens.(cd) (Entered: 05/14/2007)
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                              Legal Document (Payment Possibly Required) 13 Filed: 4/3/2007, Entered: None Unknown Document TypeCourt Filing
                              ORDER REGULATING PROCEEDINGS AND MODIFYING CAPTION plaintiff shall promptly file an amended complaint, substituting the names of people he believes he has the right to sue in place of the "John Does", alleging, for each person, why such person can be made a defendant. The City promptly shall identify to plaintiff Captain Doome's full name. To Facilitate service, and after the filing of the amended complaint, the Clerk of the Court shall issue summonses to plaintiff to allow plaintiff to properly serve Captain Doomes and whomever else, if anyone, Plaintiff has listed as a defendant in his amended complaint. Time to effect service shall be enlarged to June 1, 2007. Plaintiff is again advised that the Pro Se Office at the United States Courthouse, 500 Pearl Street, Room 230, New York, NY 10007, telephone (212) 805-0175, may be of assistance in connection with court procedures but cannot give legal advice. So Ordered. (Signed by Judge Alvin K. Hellerstein on 3/30/07) (jco) (Entered: 04/04/2007)
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                                Legal Document (Payment Possibly Required) 12 Filed: 4/3/2007, Entered: None Unknown Document TypeCourt Filing
                                ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Gerald Stevens dated 3/26/07 re: I cannot serve a summons to the complaint due to the fact that I don't have full names, or pictures, I want to serve defendnats by full names. Full names and shield numbers also. request that Your honor hold Michael A. Cardozo accountable. Accountable to your order with full names. ENDORSEMENT: A further reply by the Court would not be appropriate. So Ordered. (Signed by Judge Alvin K. Hellerstein on 3/30/07) (js) (Entered: 04/04/2007)
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                                  Legal Document (Payment Possibly Required) 11 Filed: 3/1/2007, Entered: None Unknown Document TypeCourt Filing
                                  ORDER REGULATION PROCEEDINGS The time for effecting service is enlarged to April 30, 2007.2. The Corporation Counsel of the City of New York, in answer tointerrogatories served by the plaintiff on February 16, 2007, shall (a) identify where and when Dommes can be served or, alternatively, accept service on his behalf; (b) identify the Department of Corrections Officers on duty at the time and place of the allegations set out in the complaint, and state where and when each person who plaintiff reasonablybelieves should be a defendant may be served. See Valentin v. Dinkins, 121 F.3d 72 (2d Cir. 1997) (per curiam). 3. Plaintiff shall promptly move to substitute names of people he believes he has the right to sue in place of the "John Does," showing, for each such person, why he can be made a defendant. 4. Defendant may reserve all motions. 5. Plaintiff is again adivsed that the Pro Se Office at the United States Courthouse, 500 Pearl Street, Room 230, New York. New York 10007, telephone (212) 805-0175, may be of assistance in connection with court procedures but cannot give legal advice. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 3/1/2007) (jmi) (Entered: 03/02/2007)
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                                    Legal Document (Payment Possibly Required) 10 Filed: 1/11/2007, Entered: None Unknown Document TypeCourt Filing
                                    ORDER: The plaintiff is directed to have the summons and complaint served on defendants, and proof of such service filed with the Clerk of the Court by 2/26/2007. If service is not made upon the defendants or plaintiff fails to show good cause why such service has not been effected by such date, the Court will dismiss this action. In addition, the Clerk of the Court is ordered to issue an amended summons indicating the extension of time, a copy of which should be served upon the defendants along with the complaint... (Signed by Judge Alvin K. Hellerstein on 1/8/2007) (lb) (Entered: 01/16/2007)
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                                      Legal Document (Payment Possibly Required) 9 Filed: 10/24/2006, Entered: None Unknown Document TypeCourt Filing
                                      ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Gerold Stevens dated 10/11/2006 re: to asking you to again to please direct the pro se office, to issue an amended summons so that I can serve the complaint, and rule 33.2 interrogatories for expedited discovery on the New York City, Department of correction. ENDORSEMENT: I reconfirm my order of 6/27/06 Copy enclosed. (Signed by Judge Alvin K. Hellerstein on 10/18/2006) (jmi, ) (Entered: 10/26/2006)
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                                        Legal Document (Payment Possibly Required) 8 Filed: 7/10/2006, Entered: None Unknown Document TypeCourt Filing
                                        ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Gerald Stevens dated 6/27/06 ENDORSEMENT: the reason for an amended summons must be given, as well as the reason that more time is required to effect service. The motion is denied. (Signed by Judge Alvin K. Hellerstein on 6/30/06) (kco, ) (Entered: 07/10/2006)
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                                          Legal Document (Payment Possibly Required) 7 Filed: 6/19/2006, Entered: None Unknown Document TypeCourt Filing
                                          ORDER denying 6 Motion to Appoint Counsel . (Signed by Judge Alvin K. Hellerstein on 6/15/06) (dle, ) (Entered: 06/20/2006)
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                                            Legal Document (Payment Possibly Required) 6 Filed: 4/7/2006, Entered: None Unknown Document Type
                                            MOTION to Appoint Counsel. Document filed by Gerald Stevens. (cd, ) (Entered: 04/10/2006)
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                                              Legal Document (Payment Possibly Required) 5 Filed: 3/2/2006, Entered: None Unknown Document Type
                                              PRO SE MEMORANDUM dated 2/28/06 re: CHANGE OF ADDRESS for Gerald Stevens. New Address: 06-A-0760, Downstate Correctional Facility, Box F, Red Schoolhouse Road, Fishkill, NY, 12524-0445. (djc, ) (Entered: 03/03/2006)
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                                                Legal Document (Payment Possibly Required) 4 Filed: 2/23/2006, Entered: None Unknown Document Type
                                                PRO SE MEMORANDUM dated 2/23/06 re: CHANGE OF ADDRESS for Gerald Stevens. New Address: 441-05-01579, 11-11 Hazen Street, East Elmhurst, New York, 11370. (dle, ) (Entered: 02/28/2006)
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                                                  Legal Document (Payment Possibly Required) 3 Filed: 2/8/2006, Entered: None Unknown Document Type
                                                  MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Dommes. Attempted Service of Summons and PLRA Sec. 7(2)(g)(2) Complaint. Service was attempted on 12/29/05. Document filed by Gerald Stevens. (dle, ) (Entered: 02/09/2006)
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                                                    Legal Document (Payment Possibly Required) 2 Filed: 11/14/2005, Entered: None Unknown Document Type
                                                    COMPLAINT against Dommes, John Doe(#1 (DOC)), John Doe(#2 (DOC)), N.Y.C.D.O.C.. Reply required under Prison Litigation Reform Act Section 7(2)(g)(2)..Document filed by Gerard Stevens.(kco, ) (Entered: 11/18/2005)
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                                                      Legal Document (Payment Possibly Required) 1 Filed: 11/14/2005, Entered: None Unknown Document TypeCourt Filing
                                                      ENDORSEMENT on Declaration in Support of Request to Proceed In Forma Pauperis, I.F.P. REQUEST IS GRANTED. (Signed by Judge Michael B. Mukasey on 11/10/05) (kco, ) (Entered: 11/18/2005)
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