Washington v. Martuscello Jr. et al
| New York Southern District Court | |
| Judge: | Nelson Stephen Roman |
| Case #: | 7:24-cv-03607 |
| Nature of Suit | 555 Prisoner Petitions - Habeas Corpus - Prison Condition |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | May 06, 2024 |
| Last checked: Monday Jun 03, 2024 10:08 PM EDT |
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Defendant
Daniel F. Martuscello Jr.
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Defendant
Sgt. Riley
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Defendant
Officer Washington
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Plaintiff
Omar Washington
DIN: 07A4873 Sing Sing Correctional Facility 354 Hunter Street
Ossining, NY 10562 |
| Docket last updated: 05/15/2025 11:59 PM EDT |
| Monday, April 28, 2025 | ||
| 32 | 32
respm
Reply Memorandum of Law in Support of Motion
Mon 04/28 12:45 PM
REPLY MEMORANDUM OF LAW in Support re:29 MOTION to Dismiss . . Document filed by Daniel F. Martuscello Jr., Riley, Washington..(Crowley, Owen) |
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Att: 1
Affidavit Affirmation of Service
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| 31 | 31
12
pgs
respm
Memorandum of Law in Opposition to Motion
Mon 04/28 12:44 PM
MEMORANDUM OF LAW in Opposition re:29 MOTION to Dismiss . . Document filed by New York State Office of the Attorney General..(Crowley, Owen) |
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Att: 1
Affidavit Affirmation of Service
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| 30 | 30
19
pgs
respm
Memorandum of Law in Support of Motion
Mon 04/28 12:39 PM
MEMORANDUM OF LAW in Support re:29 MOTION to Dismiss . . Document filed by Daniel F. Martuscello Jr., Riley, Washington..(Crowley, Owen) |
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| 29 | 29
motion
Dismiss
Mon 04/28 12:39 PM
MOTION to Dismiss . Document filed by Daniel F. Martuscello Jr., Riley, Washington..(Crowley, Owen) |
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Att: 1
Affidavit Affirmation of Service
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| Friday, March 21, 2025 | ||
| 28 | 28
misc
Letter
Tue 03/25 12:22 PM
LETTER addressed to To whom it may concern from Omar Washington dated 3/21/2025 re: I am currently housed at Sing-Sing Correctional facility, where we are currently on lockdown due to the prior Correctional Officers strike. Document filed by Omar Washington. (jjc) |
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| Monday, March 03, 2025 | ||
| 27 | 27
notice
Notice of Appearance
Mon 03/03 2:25 PM
NOTICE OF APPEARANCE by Owen Crowley on behalf of Washington..(Crowley, Owen) |
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Att: 1
Affidavit Affirmation of Service
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| Wednesday, February 12, 2025 | ||
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misc
Mailing Receipt
Wed 02/12 12:08 PM
MAILING RECEIPT: Document No: 26. Mailed to: Omar Washington DIN:07A4873 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562. (anc) |
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| Tuesday, February 11, 2025 | ||
| 26 | 26
5
pgs
order
Order on Motion for Conference
Tue 02/11 2:24 PM
ORDER terminating16 Letter Motion for Conference. The Court is in receipt of Defendants' letter dated September 13, 2024, requesting a pre-motion conference (ECF No. 16) (attached hereto). The Court also received pro se Plaintiff's response, dated September 25, 2024 (ECF No. 19). The Court waives the pre-motion conference and sets the following briefing schedule: Defendants' moving papers are to be served (not filed) on March 11, 2025; pro se Plaintiff's opposing papers are to be served (not filed) on or before April 11, 2025; Defendants are to serve their reply on April 28, 2025. All motion papers are to be filed on the reply date, April 28, 2025. Defendants are directed to file all motion papers, including pro se Plaintiff's opposition papers. The parties shall mail two courtesy copies to chambers of their respective papers as they are served. Defendants are further directed to provide an electronic copy of all motion papers (including pro se Plaintiff's papers) by email to chambers as they are served. The Clerk of Court is directed to mail pro se Plaintiff a copy of this endorsement and to show service on the docket. The Clerk of Court is further directed to terminate the motion at ECF No. 16. (Signed by Judge Nelson Stephen Roman on 2/11/2025) (jjc) |
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utility
Set/Reset Deadlines
Tue 02/11 2:25 PM
Set/Reset Deadlines: Motions due by 4/28/2025. (jjc) |
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| Thursday, February 06, 2025 | ||
| 25 | 25
service
Affidavit of Service Other
Thu 02/06 3:25 PM
AFFIDAVIT OF SERVICE of three copies of Response to Letter Motion, Certified Mail Receipts for prior delivery on 1/28/2025. Service was made by Mail. Document filed by Omar Washington. (mml) |
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| 24 | 24
19
pgs
respoth
Memorandum of Law in Opposition (non-motion)
Thu 02/06 3:18 PM
PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF OPPOSITION TO MOTION TO DISMISS/RESPONSE TO LETTER MOTION. Document filed by Omar Washington. (mml) |
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| Tuesday, January 21, 2025 | ||
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misc
Mailing Receipt
Tue 01/21 10:01 AM
MAILING RECEIPT: Document No: 23. Mailed to: Omar Washington DIN:07A4873 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562. (ak) |
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| Friday, January 17, 2025 | ||
| 23 | 23
order
Memo Endorsement ~Util - Set Deadlines
Fri 01/17 12:21 PM
MEMO ENDORSEMENT on re:22 Letter, filed by Omar Washington. ENDORSEMENT: The Court is in receipt of pro se Plaintiff's letter dated January 13, 2025 (ECF No. 22) (attached hereto). The Court clarifies that pro se Plaintiff did not receive a motion to dismiss but a pre-motion conference letter (ECF No. 16) (attached hereto). The Court further confirms that the Court has not received pro se Plaintiff's response. The Court directs pro se Plaintiff to resubmit his response to the Court and to Defendant. Pro se Plaintiff shall have until January 31, 2025 to resubmit his response. Upon receipt, Defendant is directed to file pro se Plaintiff's response on the docket. The Clerk of Court is kindly directed to mail a copy of this endorsement to pro se Plaintiff at his address as it is listed on ECF, and to show proof of service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 1/17/2025) (mml) |
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| 22 | 22
misc
Letter
Fri 01/17 11:35 AM
LETTER addressed to Judge Nelson Stephen Roman from Omar Washington dated 1/13/2025 re: I received a motion to dismiss on the defendants' behalf from the Attorney General Fellow (Owen M. Crowley) on September 13, 2024. Document filed by Omar Washington. (mml) |
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| Thursday, October 03, 2024 | ||
| 21 | 21
misc
Letter
Thu 10/03 12:30 PM
LETTER addressed to Judge Nelson Stephen Roman Document filed by Daniel F. Martuscello Jr., Riley..(Crowley, Owen) |
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Att: 1
Affidavit Affirmation of Service
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| Wednesday, October 02, 2024 | ||
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misc
Mailing Receipt
Wed 10/02 2:58 PM
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| Tuesday, October 01, 2024 | ||
| 20 | 20
order
Memo Endorsement
Tue 10/01 12:54 PM
MEMO ENDORSEMENT on re:19 Letter filed by Omar Washington. ENDORSEMENT: The Court is in receipt of the attached letter from pro se Plaintiff, dated September 23, 2024, requesting an extension of time to respond to Defendants' pre-motion conference letter dated September 13, 2024. The Court denies without prejudice Plaintiff's request for failure to provide a good faith basis for requiring such a long extension. The Court further inquires whether the Office of the New York State Attorney General ("NYSAG"), counsel for Defendants Romeo Riley and Daniel Martuscello, intends to represent all named defendants. Based on a review of the docket, all defendants appeared to have been served. The NYSAG is directed to respond by Thursday, October 3. The Clerk of Court is directed to mail a copy of this endorsement to Plaintiff at the address listed on ECF and show service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 10/1/2024) (mml) |
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| Wednesday, September 25, 2024 | ||
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misc
Letter
Thu 09/26 12:38 PM
LETTER addressed to Clerk from Omar Washington dated 09/23/2024 re: Request for a thirty day extension to respond to 9/13/2024 letter from Owen Crowley. Document filed by Omar Washington. (ar) |
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| Tuesday, September 17, 2024 | ||
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misc
Mailing Receipt
Tue 09/17 11:16 AM
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| Monday, September 16, 2024 | ||
| 17 | 17
3
pgs
order
Order on Motion for Conference
Mon 09/16 12:03 PM
ORDER with respect to16 Letter Motion for Conference. Pro se Plaintiff is directed to respond to the instant letter on or before September 30, 2024. The Clerk of Court is directed to mail a copy of this endorsement to Plaintiff at the address listed on ECF and show service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 9/16/2024) (mml) |
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utility
Set/Reset Deadlines
Mon 09/16 12:04 PM
Set/Reset Deadlines: Responses due by 9/30/2024. (mml) |
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| Friday, September 13, 2024 | ||
| 16 | 16
motion
Conference
Fri 09/13 11:52 AM
LETTER MOTION for Conference addressed to Judge Nelson Stephen Roman. Document filed by Daniel F. Martuscello Jr., Riley..(Crowley, Owen) |
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Att: 1
Affidavit Affirmation of Service
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| 15 | 15
notice
Notice of Appearance
Fri 09/13 11:46 AM
NOTICE OF APPEARANCE by Owen Crowley on behalf of Daniel F. Martuscello Jr., Riley..(Crowley, Owen) |
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| Tuesday, September 03, 2024 | ||
| 18 | 18
service
Marshal's Process Receipt and Return of Service Executed Complaints
Wed 09/18 10:08 AM
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Washington served on 8/22/2024, answer due 9/12/2024. Service was accepted by Christine Vanca IRCI at Sing Sing Correctional Facility 354 Hunter Street Ossining, N.Y. 10562. Document filed by Omar Washington. (jjc) |
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| Tuesday, August 27, 2024 | ||
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misc
Mailing Receipt
Tue 08/27 11:16 AM
MAILING RECEIPT: Document No: 14. Mailed to: Omar Washington DIN:07A4873 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562. (laq) |
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| Monday, August 26, 2024 | ||
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order
Memo Endorsement
Mon 08/26 11:44 AM
MEMO ENDORSEMENT on re:13 Letter filed by Omar Washington. ENDORSEMENT: The Court is in receipt of Plaintiff's prisoner authorization form. The Court advises Plaintiff that the summons and complaint was served on Defendant Daniel F. Matruscello Jr. and his answer is due September 16, 2024. The Court further notes that proof of service of the summons and complaint on Defendants Officer Washington and Sgt. Riley have not been filed with the Court. Finally, the Court notes that it is the responsibility of each party to review the docket and stay informed of the status of the case. The Clerk of Court is directed to file a copy of this endorsement to pro se Plaintiff at the address listed on ECF and to show service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 8/26/2024) (mml) |
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| Monday, August 19, 2024 | ||
| 13 | 13
misc
Letter
Thu 08/22 12:59 PM
LETTER addressed to Clerk from Omar Washington dated 8/14/2024 re: Request for status update. Document filed by Omar Washington..(kgo) |
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| Monday, August 05, 2024 | ||
| 12 | 12
service
Marshal's Process Receipt and Return of Service Executed Complaints
Fri 08/09 11:28 AM
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Daniel F. Martuscello Jr. served on 7/16/2024, answer due 9/16/2024. Service was accepted by Owne Crowley, Attorney. Document filed by Omar Washington. (nb) |
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| Friday, June 07, 2024 | ||
| 11 | 11
misc
FRCP 4 Service Package - Mailed
Fri 06/07 4:36 PM
INFORMATION PACKAGE MAILED to Omar Washington DIN: 07A4873 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562, at, on 6/7/2024 Re:9 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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| 10 | 10
service
Summons Issued
Fri 06/07 4:34 PM
SUMMONS ISSUED as to Daniel F. Martuscello Jr., Riley, Washington. (nb) |
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misc
FRCP 4 Service Package - Hand Delivered to U.S.M.
Fri 06/07 4:35 PM
FRCP 4 SERVICE PACKAGE DELIVERED TO U.S.M.: on 6/7/2024 Re: Judge Nelson Stephen Roman9 Order of Service,. The following document(s) were enclosed in the Service Package: Complaint, Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s)Daniel F. Martuscello Jr., Riley, Washington. (nb) |
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| Wednesday, June 05, 2024 | ||
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3
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order
Order of Service
Wed 06/05 3:29 PM
ORDER OF SERVICE: The Clerk of Court is instructed to issue a summons for each Defendant, complete the USM-285 form with the address for each Defendant, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is further directed to mail a copy of this Order and an information package to Plaintiff. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 6/5/2024) (mml) |
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| Tuesday, June 04, 2024 | ||
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misc
Mailing Receipt
Tue 06/04 9:35 AM
MAILING RECEIPT: Document No: 8. Mailed to: Omar Washington DIN:07A4873 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562. (sac) |
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| Monday, June 03, 2024 | ||
| 8 | 8
3
pgs
order
Order Granting IFP Application in Prisoner Case
Mon 06/03 2:26 PM
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 Laura Taylor Swain on 6/3/2024) (nb) |
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| Sunday, June 02, 2024 | ||
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notice
Notice of Case Assignment/Reassignment
Sun 06/02 10:01 AM
NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Laura Taylor Swain is no longer assigned to the case. (laq) |
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utility
Case Designation
Sun 06/02 10:01 AM
Magistrate Judge Andrew E. Krause is designated to handle matters that may be referred in this case. 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (laq) |
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| Thursday, May 30, 2024 | ||
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PRISONER AUTHORIZATION. Document filed by Omar Washington..(rro)
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| Monday, May 13, 2024 | ||
| MAILING RECEIPT: Document No: 4-5. Mailed to: Omar Washington DIN:07A4873 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562. (sha) | ||
| Friday, May 10, 2024 | ||
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ORDER DIRECTING UPDATED 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 6/10/2024. (Signed by Judge Laura Taylor Swain on 5/10/24) (bl)
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Att: 1
Supplement plra
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STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may[LINK:consent to electronic service] to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for[LINK:permission to file documents electronically] . Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Judge Laura Taylor Swain on 3/18/2024) (sac)
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| CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see[LINK:Rule 9.2] of the courts ECF Rules & Instructions for further information. (sac) | ||
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) | ||
| Monday, May 06, 2024 | ||
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PRISONER AUTHORIZATION. Document filed by Omar Washington. (sac)
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| 2 | 2
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Omar Washington. (sac)
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| 1 | 1
COMPLAINT against Daniel F. Martuscello Jr., Riley, Washington. Document filed by Omar Washington. (sac)
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Att: 1
Civil Cover Sheet
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| Case Designated ECF. (sac) | ||