Bennett v. New York City et al
| New York Eastern District Court | |
| Judge: | Margo K Brodie |
| Referred: | Lois Bloom |
| Case #: | 1:18-cv-02389 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Apr 16, 2018 |
| Terminated: | Dec 04, 2019 |
| Last checked: Saturday Oct 13, 2018 4:50 AM EDT |
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Defendant
Cynthia Brann
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Defendant
Dr. Nichole Adam Flores
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Defendant
John and Jane Doe 1-25
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Defendant
New York City
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Defendant
New York City Department Of Corrections
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Defendant
New York City Department of Health
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Defendant
Warden/Superintendent of Rikers Island
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Defendant
Bill De Blasio
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Plaintiff
Delove Rackeem Bennett
50 Saint John Place
West Babylon, NY 11704 |
GPO
Jun 18 2018
MEMORANDUM & ORDER: For purposes of this Memorandum and Order, the Court grants Plaintiff's 2 request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. The Court liberally construes the Complaint as alleging Eighth Amendment violations. The Court directs Plaintiff to replead his claim and show cause within 30 days to explain why this action should not be dismissed as time- barred by the three-year statute of limitations applicable to section 1983 claims. All further proceedings shall be stayed for 30 days. If Plaintiff fails to timely comply with this Memorandum and Order, or show good cause why he cannot comply, the action will be dismissed and the Court shall enter judgment. 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 purpose of an appeal. SO ORDERED by Judge Margo K. Brodie, on 6/18/2018. (Copy of this Order and the attached copies of all unpublished cases cited herein sent to pro se Plaintiff.) (Latka-Mucha, Wieslawa) |
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GPO
Feb 26 2019
MEMORANDUM AND ORDER: The Court dismisses Plaintiff's 10 Amended Complaint and grants Plaintiff one final opportunity to file a second amended complaint within thirty (30) days of the date of this Memorandum and Order. If Plaintiff fails to submit a second amended complaint within thirty (30) days as directed by this Memorandum and Order, the Court will enter judgment dismissing this action for the reasons set forth in the June 2018 Order. All further proceedings shall be stayed for thirty days for Plaintiff to comply with this Order. 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 purpose of an appeal. SO ORDERED by Judge Margo K. Brodie, on 2/26/2019. C/mailed. (Latka-Mucha, Wieslawa) |
| Docket last updated: 04/30/2024 11:59 PM EDT |
| Monday, April 13, 2020 | ||
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appeal
USCA Mandate
Mon 04/13 3:25 PM
MANDATE of USCA as to36 Subsequent Notice of Appeal, filed by Delove Rackeem Bennett,35 Notice of Appeal, filed by Delove Rackeem Bennett. Appellant's Form D-P was due January 10, 2020. The case is deemed in default. IT IS ORDERED that the appeal is dismissed effective February 27, 2020 for failure of Appellant to file this form by that date. Issued as Mandate: 4/13/20. USCA #20-57. (McGee, Mary Ann) |
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| Tuesday, January 07, 2020 | ||
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appeal
Electronic Index to Record on Appeal
Tue 01/07 3:40 PM
Electronic Index to Record on Appeal sent to US Court of Appeals.35 Notice of Appeal, Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann) |
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appeal
Electronic Index to Record on Appeal
Tue 01/07 4:01 PM
First Supplemental Electronic Index to Record on Appeal sent to US Court of Appeals.36 Subsequent Notice of Appeal. (McGee, Mary Ann) |
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| Thursday, January 02, 2020 | ||
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appeal
Subsequent Notice of Appeal
Tue 01/07 3:59 PM
Subsequent/Duplicate NOTICE OF APPEAL as to33 Order on Motion to Dismiss for Failure to State a Claim,34 Clerk's Judgment by Delove Rackeem Bennett. No fee paid. Service done electronically. Please note that this document was mistakenly filed by Appellant directly with the USCA on 1/2/20. It was then forwarded to the District Court, where it was received 1/7/20. Further note that although timely, Appellant includes a request for the fee to be waived. (McGee, Mary Ann) |
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Att: 1
Motion for Extension of Time
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| Wednesday, December 04, 2019 | ||
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order
Judgment - Clerk
Wed 12/04 9:28 AM
CLERK'S JUDGMENT, It is ORDERED and ADJUDGED that Defendants motion is granted; and that Plaintiffs claim is dismissed as time-barred. Signed by Douglas C. Palmer, Clerk of Court by Jalitza Poveda, Deputy Clerk on 12/3/2019. (Piper, Francine) |
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| Sunday, December 01, 2019 | ||
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pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Sun 12/01 10:07 PM
MWMORANDUM AND ORDER. The Court grants Defendant's motion and dismisses Plaintiff's claim as time-barred. The Clerk of Court is directed to close this case. Ordered by Judge Margo K. Brodie on 12/1/2019. (Valentin, Winnethka) |
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| Monday, September 30, 2019 | ||
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service
Certificate of Service
Mon 09/30 8:58 AM
CERTIFICATE OF SERVICE by New York City, New York City Department of Health re31 Reply in Support (Forster, Ian) |
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respoth
Reply in Support
Mon 09/30 8:51 AM
REPLY in Support re23 MOTION to Dismiss for Failure to State a Claim filed by New York City, New York City Department of Health. (Forster, Ian) |
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| Monday, September 16, 2019 | ||
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respoth
Memorandum in Opposition
Tue 09/17 3:52 PM
MEMORANDUM in Opposition re23 MOTION to Dismiss for Failure to State a Claim filed by Delove Rackeem Bennett. (Piper, Francine) |
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Att: 1
Pictures
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| Thursday, August 29, 2019 | ||
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order
Order on Motion to Stay
Thu 08/29 9:11 PM
ORDER granting27 Motion to Stay. The Court grants Defendants' motion to stay their obligation to respond to the Court's May 30, 2019 Valentin Order pending the Court's decision on Defendants'23 MOTION to Dismiss. Ordered by Judge Margo K. Brodie on 8/29/2019. (Beeney, Eliza) |
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| Thursday, August 01, 2019 | ||
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service
Certificate of Service
Thu 08/01 4:35 PM
CERTIFICATE OF SERVICE by New York City, New York City Department of Health re27 Letter MOTION to Stay re14 Order Dismissing Parties,,,,,,,, requesting Defendants' obligation to respond to the Valentin Order be stayed or relieved pending the Court's decision on Defendants' Motion to Dismiss (Dkt No 23) (Forster, Ian) |
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motion
Stay
Thu 08/01 4:30 PM
Letter MOTION to Stay re14 Order Dismissing Parties,,,,,,,, requesting Defendants' obligation to respond to the Valentin Order be stayed or relieved pending the Court's decision on Defendants' Motion to Dismiss (Dkt No 23) by New York City, New York City Department of Health. (Forster, Ian) |
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service
Certificate of Service
Thu 08/01 4:08 PM
CERTIFICATE OF SERVICE by New York City, New York City Department of Health re25 Notice(Other),24 Memorandum in Support,23 MOTION to Dismiss for Failure to State a Claim (Forster, Ian) |
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notice
Notice(Other)
Thu 08/01 2:10 PM
NOTICE by New York City, New York City Department of Health re23 MOTION to Dismiss for Failure to State a Claim to pro se litigant who opposes a Rule 12 Motion Supported by Matters Outside the Pleadings (Forster, Ian) |
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respoth
Memorandum in Support
Thu 08/01 2:08 PM
MEMORANDUM in Support re23 MOTION to Dismiss for Failure to State a Claim filed by New York City, New York City Department of Health. (Forster, Ian) |
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motion
Dismiss for Failure to State a Claim
Thu 08/01 1:55 PM
MOTION to Dismiss for Failure to State a Claim by New York City, New York City Department of Health. (Forster, Ian) |
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| Tuesday, July 30, 2019 | ||
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order
Order(Other)
Tue 07/30 9:34 AM
ORDER re20 Letter to set forth a proposed briefing schedule. The Court adopts Defendants' proposed briefing schedule. Defendants shall serve their motion on or before August 12, 2019; Plaintiff shall serve his opposition on or before September 16, 2019; Defendants shall serve and file their reply, if any, on or before September 30, 2019. Ordered by Judge Margo K. Brodie on 7/30/2019. (Beeney, Eliza) |
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| Monday, July 15, 2019 | ||
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service
Certificate of Service
Mon 07/15 12:14 PM
CERTIFICATE OF SERVICE by New York City, New York City Department of Health re20 Letter (Forster, Ian) |
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misc
Letter
Mon 07/15 11:45 AM
Letter to set forth a proposed briefing schedule for Defendants' anticipated motion to dismiss, in response to the Court's July 10, 2019 Order by New York City, New York City Department of Health (Forster, Ian) |
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| Friday, July 12, 2019 | ||
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order
Order(Other)
Fri 07/12 10:16 AM
ORDER re19 Letter dated July 5, 2019. The Court denies Plaintiff's request for financial assistance without prejudice. Ordered by Judge Margo K. Brodie on 7/12/2019. (Beeney, Eliza) |
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| Wednesday, July 10, 2019 | ||
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order
Order on Motion for Extension of Time to File
Wed 07/10 3:09 PM
ORDER granting in part and denying in part17 Motion for Extension of Time to File. Defendants' request for an extension of time is granted; their request for a pre-motion conference is denied. The Court directs Defendants to propose a briefing schedule for their anticipated motion. Ordered by Judge Margo K. Brodie on 7/10/2019. (Beeney, Eliza) |
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| Tuesday, July 09, 2019 | ||
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service
Certificate of Service
Tue 07/09 9:11 AM
CERTIFICATE OF SERVICE by New York City, New York City Department of Health re17 Letter MOTION for Extension of Time to File a response to the Second Amended Complaint, and to set forth the basis for Defendants' anticipated motion to dismiss (Forster, Ian) |
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| Monday, July 08, 2019 | ||
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motion
Extension of Time to File Document
Mon 07/08 7:21 PM
Letter MOTION for Extension of Time to File a response to the Second Amended Complaint, and to set forth the basis for Defendants' anticipated motion to dismiss by New York City, New York City Department of Health. (Forster, Ian) |
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notice
Notice of Appearance
Mon 07/08 6:28 PM
NOTICE of Appearance by Ian W. Forster on behalf of New York City, New York City Department of Health (aty to be noticed) (Forster, Ian) |
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| Thursday, May 30, 2019 | ||
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service
Summons Issued
Fri 05/31 9:22 AM
SUMMONS ISSUED as to New York City ; and New York City Department of Health and Mental Hygiene . (Courtesy copies of the Summons, the Court's Orders and Plaintiff's Complaints sent to the Office of the Corporation Counsel via first class mail.) (Latka-Mucha, Wieslawa) |
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order
Order Dismissing Parties
Thu 05/30 5:14 PM
ORDER [Dismissing Parties]: The Court dismisses Plaintiffs claims against the Warden or Superintendent of Rikers Island, Brann, Flores, de Blasio, and the DOC. Plaintiff's claims against the City of New York, DOHMH, and John and Jane Does 125, who are alleged to have been involved in the alleged violation of Plaintiff's rights between 5/27/2009 and 9/30/2009, may proceed. The Clerk of Court is directed to issue a summons against Defendant City of New York and the DOHMH, and the United States Marshals Service is directed to serve the SAC and this Order on these two Defendants without prepayment of fees. Pursuant to Valentin v. Dinkins , 121 F.3d 72 (2d Cir. 1997), the Court orders that within forty five (45) days from the date that this Memorandum and Order is served upon Corporation Counsel of the City of New York, that it searches its records to ascertain the full names and service addresses of theemployees who were responsible for assigning Plaintiff's work duties and who treated his medical conditions during his detention at Rikers Island from 5/27/2009 to 9/30/2009. Once the information is provided to the Court, the SAC shall be deemed amended to reflect the full names of the unnamed Defendants and the Clerk of Court shall issue amended summonses as to those Defendants to be served by the United States Marshals Service. A copy of this Order shall be served on the Special Federal Litigation Division of the Corporation Counsel. The case is referred to the Honorable Lois Bloom, United States Magistrate Judge, for pretrial supervision. 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 SO ORDERED by Judge Margo K. Brodie, on 5/30/2019. C/mailed. (Parties Nichole Adam Flores, Deputy Commissioner; New York City Department Of Corrections; Warden/Superintendent of Rikers Island; Cynthia Brann, Commissioner; and Bill De Blasio, Mayor of New York City - terminated.) (Latka-Mucha, Wieslawa) |
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| Tuesday, April 09, 2019 | ||
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order
Order on Motion for Extension of Time to File
Tue 04/09 4:14 PM
ORDER granting12 Motion for Extension of Time to File. Plaintiff shall file his second amended complaint on or before April 23, 2019. If Plaintiff fails to file a second amended complaint as directed, the Court will enter judgment dismissing this action for the reasons set forth in the June 18, 2018 and February 26, 2019 Orders. Ordered by Judge Margo K. Brodie on 4/9/2019. (Beeney, Eliza) |
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| Thursday, March 28, 2019 | ||
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motion
Extension of Time to File Document
Fri 03/29 2:02 PM
Letter MOTION for an Extension of Time to File a Second Amended Complaint; filed by pro se Delove Rackeem Bennett, dated 3/28/2019. (Latka-Mucha, Wieslawa) |
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| Tuesday, February 26, 2019 | ||
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order
Memorandum & Opinion
Tue 02/26 5:27 PM
MEMORANDUM AND ORDER : The Court dismisses Plaintiff's10 Amended Complaint and grants Plaintiff one final opportunity to file a second amended complaint within thirty (30) days of the date of this Memorandum and Order. If Plaintiff fails to submit a second amended complaint within thirty (30) days as directed by this Memorandum and Order, the Court will enter judgment dismissing this action for the reasons set forth in the June 2018 Order. All further proceedings shall be stayed for thirty days for Plaintiff to comply with this Order. 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 purpose of an appeal. SO ORDERED by Judge Margo K. Brodie, on 2/26/2019. C/mailed. (Latka-Mucha, Wieslawa) |
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| Friday, November 30, 2018 | ||
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cmp
Amended Complaint
Tue 12/04 4:05 PM
AMENDED COMPLAINT against All Defendants, filed by Delove Rackeem Bennett. (Piper, Francine) |
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Att: 1
Letter
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| Monday, October 29, 2018 | ||
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pgs
order
Order on Motion to Appoint Expert
Mon 10/29 5:31 PM
ORDER: The Court finds that the appointment of a medical expert is unnecessary at this time. Accordingly, the Court denies Plaintiff's7 applications and grants Plaintiff an additional thirty (30) days from the date of this Order to submit an amended complaint. If Plaintiff fails to timely file an amended complaint, the Court will enter judgment dismissing this action for the reasons set forth in the June 2018 Order. The Court stays all further proceedings for thirty (30) days. 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 purpose of an appeal. SO ORDERED by Judge Margo K. Brodie, on 10/29/2018. (Copy of this Order and the attached copies of all unpublished cases cited herein sent to pro se Plaintiff.) (Latka-Mucha, Wieslawa) |
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| Wednesday, August 08, 2018 | ||
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motion
Appoint Expert
Fri 08/10 3:30 PM
MOTION to Appoint Expert Examination and Testimony by Delove Rackeem Bennett. (Piper, Francine) |
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| Wednesday, August 01, 2018 | ||
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order
Order on Motion for Extension of Time to File Response/Reply
Wed 08/01 7:42 PM
ORDER granting6 Motion for Extension of Time to Show Cause. Plaintiff shall show cause within thirty (30) days of this Order why this action should not be dismissed for the reasons discussed in the Court's Memorandum and Order of June 18, 2018. Ordered by Judge Margo K. Brodie on 8/1/2018. (Belsher, Amy) |
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| Monday, July 30, 2018 | ||
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motion
Extension of Time to File Response/Reply
Wed 08/01 8:54 AM
Letter MOTION for Extension of Time to File Response/Reply by Delove Rackeem Bennett. (Piper, Francine) |
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| Monday, June 18, 2018 | ||
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8
pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis
Tue 06/19 11:46 AM
MEMORANDUM & ORDER : For purposes of this Memorandum and Order, the Court grants Plaintiff's2 request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. The Court liberally construes the Complaint as alleging Eighth Amendment violations. The Court directs Plaintiff to replead his claim and show cause within 30 days to explain why this action should not be dismissed as time- barred by the three-year statute of limitations applicable to section 1983 claims. All further proceedings shall be stayed for 30 days. If Plaintiff fails to timely comply with this Memorandum and Order, or show good cause why he cannot comply, the action will be dismissed and the Court shall enter judgment. 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 purpose of an appeal. SO ORDERED by Judge Margo K. Brodie, on 6/18/2018. (Copy of this Order and the attached copies of all unpublished cases cited herein sent to pro se Plaintiff.) (Latka-Mucha, Wieslawa) |
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| Monday, May 07, 2018 | ||
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misc
Letter
Tue 05/08 3:05 PM
Letter dated April 27, 2018 from Delove Bennett, requesting that the court transfer all court matters to the Central Islip Federal Courthouse due to disabilities by plaintiff. (Piper, Francine) |
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| Tuesday, April 24, 2018 | ||
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misc
Clerks Notice of Rule 73
Tue 04/24 3:19 PM
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Williams, Erica) |
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| Monday, April 16, 2018 | ||
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MOTION for Leave to Proceed in forma pauperis by Delove Rackeem Bennett. (Williams, Erica)
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COMPLAINT against Cynthia Brann, Nichole Adam Flores, John and Jane Doe 1-25, New York City, New York City Department Of Corrections, New York City Department of Health, Warden/Superintendent of Rikers Island, filed by Delove Rackeem Bennett. (Williams, Erica)
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Att: 1
Civil Cover Sheet
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