Murphy v. New York City Health and Hospitals et al
| New York Eastern District Court | |
| Judge: | Kiyo A Matsumoto |
| Referred: | Lois Bloom |
| Case #: | 1:22-cv-02247 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 42:2000e Job Discrimination (Employment) |
| Case Filed: | Apr 15, 2022 |
| Terminated: | May 05, 2023 |
| Last checked: Wednesday Oct 12, 2022 4:45 AM EDT |
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Defendant
New York City Health and Hospitals
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Represented By
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Defendant
New York City Health and Hospitals/Elmhurst
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Represented By
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Defendant
Andrew Campbell
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Represented By
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Defendant
Donato Cipriano
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Represented By
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Defendant
Anna Colletti
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Represented By
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Defendant
Anthony Jarzembowski
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Represented By
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Defendant
Dheeraj Matthew
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Represented By
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Defendant
Catherine Patsos
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Represented By
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Defendant
Maxine Simpson
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Represented By
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Defendant
Yvette Villanueva
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Represented By
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Plaintiff
Tyriek A. Murphy
78 Hancock Street
Brooklyn, NY 11216 |
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| TERMINATED PARTIES | |
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Defendant
NYC H&H Elmhurst Hospital Center
Terminated: 04/27/2022
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| Docket last updated: 04/28/2025 11:59 PM EDT |
| Friday, May 05, 2023 | ||
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1
pgs
order
Order Dismissing Case
Fri 05/05 3:55 PM
STIPULATION OF DISCONTINUANCE: IS HEREBY STIPULATED AND AGREED by and between the parties through the undersigned, that this action is discontinued, with prejudice, and without costs to any party as against the other, and an order to that effect may be entered without further notice. Faxed or scanned copies of the signed stipulation shall have the full force and effect of a signed original. Ordered by Judge Kiyo A. Matsumoto on 5/5/2023. (SW) |
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misc
Stipulation of Dismissal
Fri 05/05 3:48 PM
STIPULATION of Dismissal by Andrew Campbell, Donato Cipriano, Anna Colletti, Anthony Jarzembowski, Dheeraj Matthew, New York City Health and Hospitals, New York City Health and Hospitals/Elmhurst, Catherine Patsos, Maxine Simpson, Yvette Villanueva (DiBenedetto, Rachel) |
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| Tuesday, May 02, 2023 | ||
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pgs
order
Order of Settlement
Tue 05/02 4:49 PM
ORDER: The Court held a settlement conference in plaintiff's employment discrimination case on May 2, 2023. The parties settled the case on the record. The Court commends the parties' efforts. The parties shall file a stipulation discontinuing the case by June 5, 2023. See attached Order. Ordered by Magistrate Judge Lois Bloom on 5/2/2023. (EW) |
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minutes
Settlement Conference
Tue 05/02 4:48 PM
Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Settlement Conference held on 5/2/2023 (FTR Log #2:39-3:14, 4:14-4:22). (EW) |
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| Tuesday, April 11, 2023 | ||
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order
Protective Order
Tue 04/11 6:25 PM
ORDER on Motion for Protective Order, endorsed on doc. no.21 : So Ordered by Magistrate Judge Lois Bloom on 4/11/2023. (EW) |
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| Monday, April 10, 2023 | ||
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misc
Stipulation
Mon 04/10 10:53 AM
STIPULATION Protective Order re Confidential Information by Andrew Campbell, Donato Cipriano, Anna Colletti, Anthony Jarzembowski, Dheeraj Matthew, New York City Health and Hospitals, New York City Health and Hospitals/Elmhurst, Catherine Patsos, Maxine Simpson, Yvette Villanueva (DiBenedetto, Rachel) |
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| Tuesday, March 21, 2023 | ||
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minutes
Settlement Conference
Tue 03/21 6:06 PM
Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Settlement Conference held on 3/21/2023 (FTR Log #2:27-2:31, 4:08-4:14.) (EW) |
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order
Scheduling Order
Tue 03/21 6:11 PM
ORDER: The Court held a settlement conference in pro se plaintiff's employment discrimination case on March 21, 2023. Although the parties did not reach a settlement at the conference, they want to continue settlement discussions. The Court shall hold another settlement conference on May 2, 2023 at 2:30 p.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. In anticipation of the settlement conference, the parties shall engage in at least two substantive discussions regarding settlement. Defendants' counsel shall produce plaintiff's personnel file and any other discovery materials that may be helpful for settlement discussions. The parties shall email ex parte settlement statements to the Court at Bloom_Chambers@nyed.uscourts.gov by April 26, 2023. The settlement statements shall include a summary of the parties' settlement discussions to date, as well as their respective positions. The parties may attach any materials to their settlement statements that they think might be helpful to the Court. Defendants' counsel shall email a copy of this Order to plaintiff. Ordered by Magistrate Judge Lois Bloom on 3/21/2023. (EW) |
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| Wednesday, February 22, 2023 | ||
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order
Scheduling Order
Wed 02/22 5:34 PM
ORDER: The Court held a status conference in plaintiff's employment discrimination case on February 22, 2023 and discussed settlement with the parties. The Court shall hold a settlement conference on March 21, 2023 at 2:30 p.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. Settlement conferences are most productive if the parties have made good faith efforts to settle the case prior to the conference. Accordingly, the Court encourages the parties to speak at least twice regarding settlement before the conference. See attached Order. Ordered by Magistrate Judge Lois Bloom on 2/22/2023. (EW) |
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minutes
Status Conference
Wed 02/22 5:30 PM
Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Status Conference held on 2/22/2023 (AT&T Log #11:09-11:55.) (EW) |
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| Monday, February 06, 2023 | ||
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order
Scheduling Order
Mon 02/06 10:23 AM
ORDER: This matter has been referred to me for a settlement conference. The Court shall hold a conference by telephone to discuss settlement on February 22, 2023 at 11:00 a.m. This is not the settlement conference. The settlement conference will be in-person and will be scheduled during the February 22, 2023 conference. The parties shall call the Chambers telephone conference line at (888) 363-4734 and use the access code 4444221 promptly at 11:00 a.m. on February 22, 2023. Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be electronically filed with the Court at least seventy-two (72) hours before the scheduled conference. See Attached Order. Ordered by Chief Magistrate Lois Bloom on 2/6/2023. (EW) |
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| Friday, February 03, 2023 | ||
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order
Order on Motion for Pre Motion Conference
Fri 02/03 11:46 AM
ORDER dismissing17 Motion for Pre Motion Conference. The Defendant's request for a second pre motion conference is dismissed without prejudice. The Court is in receipt of the Defendants' update that the Plaintiff does not consent to any proposed briefing schedule that involves motion practice and only consents to a settlement conference before Magistrate Judge Bloom. The parties are referred to Magistrate Judge Bloom to schedule a settlement conference, and are to engage in GOOD FAITH negotiations. If discussions do not result in a resolution outside of motion practice, the Magistrate Judge is kindly requested to set a briefing schedule with the parties for the Defendants' motion to dismiss. Ordered by Judge Kiyo A. Matsumoto on 2/3/2023. (LW) |
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| Thursday, December 15, 2022 | ||
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service
Affidavit of Service
Thu 12/15 12:22 PM
AFFIDAVIT of Service for Pre-Motion Letter served on Tyriek Murphy on December 14, 2022, filed by Andrew Campbell, Donato Cipriano, Anna Colletti, Anthony Jarzembowski, Dheeraj Matthew, New York City Health and Hospitals, New York City Health and Hospitals/Elmhurst, Catherine Patsos, Maxine Simpson, Yvette Villanueva. (DiBenedetto, Rachel) |
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| Wednesday, December 14, 2022 | ||
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motion
Pre Motion Conference
Wed 12/14 12:50 PM
MOTION for pre motion conference Second Amended Complaint by Andrew Campbell, Donato Cipriano, Anna Colletti, Anthony Jarzembowski, Dheeraj Matthew, New York City Health and Hospitals, New York City Health and Hospitals/Elmhurst, Catherine Patsos, Maxine Simpson, Yvette Villanueva. (DiBenedetto, Rachel) |
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| Monday, November 28, 2022 | ||
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cmp
Amended Complaint
Tue 11/29 12:45 PM
AMENDED COMPLAINT against Andrew Campbell, Donato Cipriano, Anna Colletti, Anthony Jarzembowski, Dheeraj Matthew, New York City Health and Hospitals, New York City Health and Hospitals/Elmhurst, Catherine Patsos, Maxine Simpson, Yvette Villanueva, filed by Tyriek A. Murphy. (JT) |
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| Tuesday, October 18, 2022 | ||
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service
Affidavit of Service
Tue 10/18 9:24 AM
AFFIDAVIT of Service for Copy of Minute Entry served on Plaintiff on October 14, 2022, filed by Andrew Campbell, Donato Cipriano, Anna Colletti, Anthony Jarzembowski, Dheeraj Matthew, New York City Health and Hospitals, New York City Health and Hospitals/Elmhurst, Catherine Patsos, Maxine Simpson, Yvette Villanueva. (DiBenedetto, Rachel) |
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| Friday, October 14, 2022 | ||
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minutes
Pre Motion Conference
Fri 10/14 2:03 PM
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pre Motion Conference held on 10/14/2022. Appearances: Tyriek A. Murphy on behalf of himself as pro se Plaintiff; Rachel Michelle DiBenedetto, Esq. for Defendants. Plaintiff is granted an opportunity to file an amended complaint by or before November 30, 2022. Plaintiff is advised that the Second Amended Complaint will completely replace the First Amended Complaint10 , so he must include all allegations he wishes to pursue against the proper defendants. Plaintiff is requested to set forth the facts related to each of his claims, including dates, names, acts, and the connection to the adverse actions he alleges in his pleading in numbered paragraphs and reference Plaintiff's exhibits accordingly. Plaintiff's facts should also give rise to the inference of any alleged discrimination against Plaintiff as well as each instance of Plaintiff's protected activity that may have led to any retaliation. Along with filing the Second Amended Complaint and exhibits on ECF, Plaintiff is respectfully requested to mail or deliver a hard copy of his Second Amended Complaint and exhibits to Chambers. By December 14, 2022, Defendant shall advise the Court of whether they intend to answer, move to dismiss the Second Amended Complaint, or take other next steps. If Defendants intend to move to dismiss the Second Amended Complaint, Defendants' counsel should set forth the bases for its motion to dismiss and a mutually consented schedule consistent with the Court's Individual Practices. The parties are also encouraged to engage in good faith negotiations to resolve this matter without motion practice and request the assistance of Magistrate Judge Bloom if beneficial. Defendants are respectfully requested to serve a copy of this minute entry on Plaintiff and file proof of service on the docket. (Court Reporter Nikki Barna) (LW) |
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| Wednesday, September 28, 2022 | ||
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pgs
order
Order on Motion to Appoint Counsel
Wed 09/28 5:07 PM
ORDER: Pro se plaintiff Tyriek A. Murphy requests pro bono counsel. ECF No. 5. There is no right to counsel in a civil case. Guggenheim Capital, LLC v. Birnbaum , 722 F.3d 444, 453 (2d Cir. 2013). The Court cannot compel an attorney to represent a litigant in a civil case without a fee. Mallard v. U.S. Dist. Court , 490 U.S. 296 (1989). Although the Court would prefer all parties to have access to counsel, there is no right to counsel. Accordingly, plaintiff's request for pro bono counsel is denied without prejudice. Plaintiff may contact The Federal Pro Se Legal Assistance Project, a free, limited-scope legal assistance clinic operated by the City Bar Justice Center of the New York City Bar Association. A copy of the City Bar Justice Centers flyer is included with this Order. See attached Order. Ordered by Magistrate Judge Lois Bloom on 9/28/2022. (Ward, Estee) |
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| Monday, September 26, 2022 | ||
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notice
Notice(Other)
Mon 09/26 3:43 PM
RESPONSE in Opposition re:12 MOTION for pre motion conference by Tyriek A. Murphy. (Tavarez, Jennifer) |
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Att: 1
Affirmation of Service
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| Thursday, September 15, 2022 | ||
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motion
Pre Motion Conference
Thu 09/15 11:58 AM
MOTION for pre motion conference by Andrew Campbell, Donato Cipriano, Anna Colletti, Anthony Jarzembowski, Dheeraj Matthew, New York City Health and Hospitals, New York City Health and Hospitals/Elmhurst, Catherine Patsos, Maxine Simpson, Yvette Villanueva. (DiBenedetto, Rachel) |
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notice
Notice of Appearance
Thu 09/15 11:57 AM
NOTICE of Appearance by Rachel Michelle DiBenedetto on behalf of Andrew Campbell, Donato Cipriano, Anna Colletti, Anthony Jarzembowski, Dheeraj Matthew, New York City Health and Hospitals, New York City Health and Hospitals/Elmhurst, Catherine Patsos, Maxine Simpson, Yvette Villanueva (aty to be noticed) (DiBenedetto, Rachel) |
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order
Order on Motion for Pre Motion Conference
Thu 09/15 1:55 PM
ORDER granting12 Motion for Pre Motion Conference. Pre Motion Hearing set for 10/14/2022 01:00 PM in Courtroom 6C South before Judge Kiyo A. Matsumoto. The parties shall appear by telephone. Plaintiff shall file a response, if any, to Defendants'12 letter requesting a pre-motion conference by October 1, 2022. The parties shall dial into the conference by calling 1-888-684-8852 and entering the following access code: 1312089. Defendants are ordered to serve a copy of this scheduling order on pro se Plaintiff and file proof of service. Ordered by Judge Kiyo A. Matsumoto on 9/15/2022. (Wong, Leah) |
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| Thursday, July 28, 2022 | ||
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pgs
order
Order on Motion for Extension of Time to Answer
Thu 07/28 10:26 AM
ORDER: The Office of the Corporation Counsel of the City of New York requests an extension of time for all defendants to respond to plaintiff's Complaint to determine representation issues. ECF No.9 . Plaintiff does not consent. However, as this is a first request for an extension of time to respond to the Complaint, which is generally granted as a courtesy, the request is granted. Defendants shall respond to plaintiff's Complaint by September 15, 2022. See attached Order. Ordered by Magistrate Judge Lois Bloom on 7/28/2022. (Yindra, Hannah) |
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| Tuesday, July 26, 2022 | ||
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motion
Extension of Time to File Answer
Tue 07/26 3:21 PM
First MOTION for Extension of Time to File Answer /Response to the Amended Complaint by New York City Health and Hospitals. (DiBenedetto, Rachel) |
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| Wednesday, July 13, 2022 | ||
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service
Summons Returned Executed
Fri 07/15 11:08 AM
SUMMONS Returned Executed by Tyriek A. Murphy. Andrew Campbell served on 7/11/2022, answer due 8/1/2022; Donato Cipriano served on 7/11/2022, answer due 8/1/2022; Anna Colletti served on 7/11/2022, answer due 8/1/2022; Anthony Jarzembowski served on 7/11/2022, answer due 8/1/2022; Dheeraj Matthew served on 7/11/2022, answer due 8/1/2022; New York City Health and Hospitals served on 7/11/2022, answer due 8/1/2022; New York City Health and Hospitals/Elmhurst served on 7/11/2022, answer due 8/1/2022; Catherine Patsos served on 7/11/2022, answer due 8/1/2022; Maxine Simpson served on 7/11/2022, answer due 8/1/2022; Yvette Villanueva served on 7/11/2022, answer due 8/1/2022. (Tavarez, Jennifer) |
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| Monday, July 11, 2022 | ||
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service
Summons Issued
Tue 07/12 10:19 AM
Summons Issued as to Andrew Campbell, Donato Cipriano, Anna Colletti, Anthony Jarzembowski, Dheeraj Matthew, New York City Health and Hospitals, New York City Health and Hospitals/Elmhurst, Catherine Patsos, Maxine Simpson, Yvette Villanueva. (Herrera, Isaiah) |
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misc
Filing Fee Received
Mon 07/11 10:44 AM
FILING FEE: $ 402.00, receipt number 100000005 (Almonte, Giselle) |
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| Friday, June 17, 2022 | ||
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motion
Appoint Counsel
Wed 06/22 2:58 PM
MOTION to Appoint Counsel by Tyriek A. Murphy. (Tavarez, Jennifer) |
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| Monday, April 25, 2022 | ||
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cmp
Amended Complaint
Tue 04/26 3:06 PM
AMENDED COMPLAINT against New York City Health and Hospitals, New York City Health and Hospitals/Elmhurst, Yvette Villanueva, Catherine Patsos, Anna Colletti, Maxine Simpson, Andrew Campbell, Donato Cipriano, Anthony Jarzembowski, Dheeraj Matthew, filed by Tyriek A. Murphy. (Tavarez, Jennifer) |
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| Thursday, April 21, 2022 | ||
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misc
Clerks Notice of Rule 73
Thu 04/21 4:06 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. (Bowens, Priscilla) |
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| Friday, April 15, 2022 | ||
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MOTION for Leave to Proceed in forma pauperis by Tyriek A. Murphy. (Bowens, Priscilla)
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COMPLAINT against All Defendants, filed by Tyriek A. Murphy. (Bowens, Priscilla)
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Att: 1
Civil Cover Sheet
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