Barkley v. Otisville Correctional Facility
| New York Southern District Court | |
| Judge: | Nelson Stephen Roman |
| Case #: | 7:24-cv-05017 |
| Nature of Suit | 555 Prisoner Petitions - Habeas Corpus - Prison Condition |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Jul 01, 2024 |
| Last checked: Monday Aug 26, 2024 10:05 PM EDT |
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Plaintiff
Peter J. Barkley
DIN: 11B0880 Altona Correctional Facility 555 Devils Den Road P.O. Box 3000
Altona, NY 12910 |
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| TERMINATED PARTIES | |
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Defendant
Otisville Correctional Facility
Terminated: 08/26/2024
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| Docket last updated: 7 hours ago |
| Monday, December 09, 2024 | ||
| 14 | 14
misc
Letter
Mon 12/09 12:13 PM
SECOND LETTER addressed to Judge Nelson Stephen Roman from Christopher J. Byrne, Assistant Attorney General, dated 12 9-2024 re: Valentin Response. Document filed by New York State Attorney General's Office..(Byrne, Christopher) |
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Att: 1
Affidavit of mailing
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| Wednesday, October 30, 2024 | ||
| 13 | 13
notice
Notice (Other)
Wed 10/30 11:54 AM
NOTICE of Notice of Mailing of Order No. 12. Document filed by New York State Attorney General's Office..(Byrne, Christopher) |
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Att: 1
Affidavit Order No. 12
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| 12 | 12
order
Memo Endorsement
Wed 10/30 10:11 AM
MEMO ENDORSEMENT on re:11 Letter, filed by New York State Attorney General's Office. ENDORSEMENT: The Attorney Generals request for an extension of time is GRANTED. The Attorney General will have until December 9, 2024 to comply with the August 26, 2024 Order. Within thirty days of receiving this information, pro se Plaintiff must file an amended complaint naming the John Doe defendant(s).The Attorney General is kindly directed to serve pro se Plaintiff with a copy of this endorsement and file proof of service on the docket. (Signed by Judge Nelson Stephen Roman on 10/30/2024) (jjc) |
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| Friday, October 25, 2024 | ||
| 11 | 11
misc
Letter
Fri 10/25 3:55 PM
FIRST LETTER addressed to Judge Nelson Stephen Roman from Assistant Attorney General Christopher J. Byrne dated 10/25/2024 re: An Extension to Respond to the Valentin Order. Document filed by New York State Attorney General's Office..(Byrne, Christopher) |
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Att: 1
Affidavit Affidavit of Mailing to Pro Se Plaintiff
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| Thursday, August 29, 2024 | ||
| 10 | 10
misc
FRCP 4 Service Package - Mailed
Thu 08/29 1:11 PM
INFORMATION PACKAGE MAILED to Peter J. Barkley DIN: 11B0880 Altona Correctional Facility 555 Devils Den Road P.O. Box 3000 Altona, NY 12910-3000, at, on 8/29/2024 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 flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), 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. (aan) |
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misc
Mail Order by USPS
Thu 08/29 1:12 PM
Mailed a copy of9 Order of Service,1 Complaint to New York State Attorney General at: Managing Attorney's Office, 28 Liberty Street, 16th Floor, New York NY 10005. (aan) |
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| Tuesday, August 27, 2024 | ||
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misc
Mailing Receipt
Tue 08/27 11:27 AM
MAILING RECEIPT: Document No: 9. Mailed to: Peter J. Barkley DIN:11B0880 Altona Correctional Facility 555 Devils Den Road P.O. Box 3000 Altona, NY 12910-3000. (laq) |
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| Monday, August 26, 2024 | ||
| 9 | 9
10
pgs
order
Order of Service ~Util - Add and Terminate Parties
Mon 08/26 12:06 PM
ORDER OF SERVICE: The Court dismisses Plaintiff's claims against Otisville Correctional Facility. See 28 U.S.C. § 1915(e)(2)(B)(ii). The Clerk of Court is directed to mail a copy of this order and the complaint to the New York State Attorney General at: Managing Attorney's Office, 28 Liberty Street, 16th Floor, New York NY 10005. An "Amended Complaint" form is attached to this order. The Clerk of Court is directed to mail an information package to Plaintiff. The Clerk of Court is further directed to mail a copy of this order to pro se Plaintiff at the address listed on ECF and show proof of service on the docket. SO ORDERED. Otisville Correctional Facility (Otisville County) terminated. (Signed by Judge Nelson Stephen Roman on 8/26/2024) (mml) Transmission to Pro Se Assistants for processing. |
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| Friday, August 23, 2024 | ||
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notice
Notice of Case Assignment/Reassignment
Fri 08/23 9:04 AM
NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Laura Taylor Swain is no longer assigned to the case. (vba) |
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utility
Case Designation
Fri 08/23 9:05 AM
Magistrate Judge Victoria Reznik 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] . (vba) |
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| Tuesday, August 06, 2024 | ||
| MAILING RECEIPT: Document No: 7. Mailed to: Peter J. Barkley DIN:11B0880 Altona Correctional Facility 555 Devils Den Road P.O. Box 3000 Altona, NY 12910-3000. (tro) | ||
| Monday, August 05, 2024 | ||
| 7 | 7
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: 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. 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 Laura Taylor Swain on 8/5/2024) (vn)
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| Friday, July 26, 2024 | ||
| 6 | 6
Original Signature Received from James Barkley re:1 Complaint. (tro)
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| Thursday, July 11, 2024 | ||
| MAILING RECEIPT: Document No: 5. Mailed to: Peter J. Barkley DIN:11B0880 Altona Correctional Facility 555 Devils Den Road P.O. Box 3000 Altona, NY 12910-3000. (laq) | ||
| Monday, July 08, 2024 | ||
| 5 | 5
ORDER DIRECTING ORIGINAL SIGNATURE: Plaintiff is directed to submit a signed signature page 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). Signature Page due by 8/7/2024. (Signed by Judge Laura Taylor Swain on 7/8/24) (asg)
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Att: 1
Exhibit signature page
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| Wednesday, July 03, 2024 | ||
| MAILING RECEIPT: Document No: 4. Mailed to: Peter J. Barkley DIN:11B0880 Altona Correctional Facility 555 Devils Den Road P.O. Box 3000 Altona, NY 12910-3000. (tro) | ||
| Tuesday, July 02, 2024 | ||
| 4 | 4
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, July 01, 2024 | ||
| 3 | 3
PRISONER AUTHORIZATION. Document filed by Peter J. Barkley. (sac)
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| 2 | 2
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Peter J. Barkley. (sac)
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| 1 | 1
COMPLAINT against Otisville Correctional Facility. Document filed by Peter J. Barkley. (sac)
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| Case Designated ECF. (sac) | ||