Shelby v. Petreucci

New York Southern District Court
Judge:Laura Taylor Swain
Case #: 1:23-cv-04315
Nature of Suit550 Prisoner Petitions - Habeas Corpus - Civil Rights
Cause42:1983 Prisoner Civil Rights
Case Filed:May 24, 2023
Case in other court:Texas Northern, 4:23-cv-00358
Last checked: Thursday May 25, 2023 4:21 AM EDT
Defendant
Police Officer Eric Christiansen
Defendant
FCI Otisville
Defendant
Health Service Administrator
Defendant
Zach Hurn
Defendant
Dr. Alphonse Linley
Defendant
Dr. Alex McLearen
Defendant
Officer Hannah
Defendant
James Petrucci
Defendant
Warden, Mr. W.S. Pliler
Defendant
B. Walls
Defendant
Warden Washington
Plaintiff
July Justine Shelby
15472-028 Federal Correctional Institution Otisville P.O. Box 1000
Otisville, NY 10963


Docket last updated: 5 hours ago
Thursday, July 13, 2023
misc Mailing Receipt Thu 07/13 9:58 AM
MAILING RECEIPT: Document No: 16. Mailed to: July Justine Shelby 15472-028 FMC Carswell P.O. Box 27137 Ft. Worth, TX 76127. (ok)
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Wednesday, July 12, 2023
16 16 3 pgs order Order Granting IFP Application in Prisoner Case Wed 07/12 2:55 PM
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 7/12/2023) (vn)
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Tuesday, July 11, 2023
14 14 misc Request to Proceed In Forma Pauperis Wed 07/12 7:56 AM
APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by July Justine Shelby.(sc)
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Monday, July 10, 2023
15 15 misc Prisoner Authorization Wed 07/12 7:59 AM
PRISONER AUTHORIZATION. Document filed by July Justine Shelby.(sc)
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Thursday, June 15, 2023
misc Received Returned Mail Fri 06/16 2:14 PM
Received returned mail re:13 Order Directing Payment of Fee or IFP Application & Prisoner Authorization. Mail was addressed to July Justine Shelby, 15472-028, Federal Correctional Institution Otisville, P.O. Box 1000, Otisville, NY 10963 and was returned for the following reason(s): Return To Sender REFUSED Unable To Forward. (vn)
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Wednesday, June 14, 2023
misc Mailing Receipt Wed 06/14 2:38 PM
MAILING RECEIPT: Document No: 13. Mailed to: July Justine Shelby 15472-028 FMC Carswell P.O. Box 27137 Ft. Worth, TX 76127. (kh)
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Thursday, June 08, 2023
misc Received Returned Mail Thu 06/08 4:23 PM
Received returned mail re:11 Order on Motion to Change Venue. Mail was addressed to July Justine Shelby, 15472-028, Federal Correctional Institution Otisville, P.O. Box 1000, Otisville, NY 10963 and was returned for the following reason(s): Return To Sender Not Deliverable As Addressed Unable To Forward. (vn)
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Tuesday, May 30, 2023
misc Mailing Receipt Tue 05/30 10:10 AM
MAILING RECEIPT: Document No: 13. Mailed to: July Justine Shelby 15472-028 Federal Correctional Institution Otisville P.O. Box 1000 Otisville, NY 10963. (ok)
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Friday, May 26, 2023
13 13 2 pgs order Order Directing Payment of Fee or IFP Application & Prisoner Authorization Fri 05/26 12:23 PM
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application & Prisoner Authorization 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). Filing Fee due by 6/26/2023. In Forma Pauperis (IFP) Application due by 6/26/2023. Prisoner Authorization Form due by 6/26/2023. (Signed by Judge Laura Taylor Swain on 5/26/2023) (bl)
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Att: 1 Supplement ifp,
Att: 2 Supplement plra
notice Notice of Case Assignment/Reassignment - Sua Sponte Fri 05/26 12:46 PM
NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sac)
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Thursday, May 25, 2023
misc Mailing Receipt Thu 05/25 8:44 AM
MAILING RECEIPT: Document No: 11. Mailed to: July Justine Shelby 15472-028 Federal Correctional Institution Otisville P.O. Box 1000 Otisville, NY 10963. (kh)
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Wednesday, May 24, 2023
12 12 transfer Case Transferred In - District Transfer Wed 05/24 11:26 AM
CASE TRANSFERRED IN from the United States District Court - District of Texas Northern; Case Number: 4:23-cv-00358. Original file certified copy of transfer order and docket entries received.
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11 11 2 pgs order Order on Motion to Change Venue Wed 05/24 8:42 AM
ORDER OF TRANSFER...It is therefore ORDERED that this case be, and is hereby, TRANSFERRED to the United States District Court for the Southern District of New York. Case transferred to Southern District of New York. (Ordered by Judge Reed C. O'Connor on 5/24/2023) (wxc) [Transferred from Texas Northern on 5/24/2023.]
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notice Case Opening Initial Assignment Notice - Transfer Case Wed 05/24 11:27 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Unassigned Judge. (tro)
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utility Case Designated ECF Wed 05/24 11:27 AM
Case Designated ECF. (tro)
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misc Note to Out of State Attorneys Wed 05/24 11:27 AM
NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions..(tro)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:11. Wed May 24 08:43:38 CDT 2023 (crt) [Transferred from Texas Northern on 5/24/2023.]
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Tuesday, May 16, 2023
10 10 Motion for Leave to Proceed in forma pauperis with certificate of trust account filed by July Justine Shelby (wxc) [Transferred from Texas Northern on 5/24/2023.]
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9 9 AMENDED COMPLAINT against All Defendants filed by July Justine Shelby. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (wxc) [Transferred from Texas Northern on 5/24/2023.]
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Thursday, April 27, 2023
8 8 ORDER denying7 It is therefore ORDERED that the Motion to Reconsider Transfer Order (ECF No.7 ) is DENIED. Shelby remains obligated to timely comply with the prior Order and Notice of Deficiency. (Ordered by Judge Reed C. O'Connor on 4/27/2023) (wxc) [Transferred from Texas Northern on 5/24/2023.]
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***Clerk's Notice of delivery: (see NEF for details) Docket No:8. Thu Apr 27 12:46:05 CDT 2023 (crt) [Transferred from Texas Northern on 5/24/2023.]
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Tuesday, April 25, 2023
7 7 Motion to Reconsider Transfer Order filed by July Justine Shelby (wxc) [Transferred from Texas Northern on 5/24/2023.]
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Tuesday, April 18, 2023
6 6 ORDER AND NOTICE OF DEFICIENCY... Failure to comply with this order may lead to dismissal for failure to prosecute pursuant to FRCvP 41(b). Deadline to cure the deficiency is 30 days. (Ordered by Judge Reed C. O'Connor on 4/18/2023) (wxc) [Transferred from Texas Northern on 5/24/2023.]
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Att: 1 Complaint Form,
Att: 2 Prisoner IFP
***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Tue Apr 18 14:52:38 CDT 2023 (crt) [Transferred from Texas Northern on 5/24/2023.]
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Friday, April 14, 2023
5 5 Notice and Instruction to Pro Se Party (wxc) [Transferred from Texas Northern on 5/24/2023.]
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4 4 New Case Notes: A filing fee has not been paid. No prior sanctions found. (For court use only - links to the[LINK:national] and[LINK:circuit] indexes.) File to: appropriate staff attorney. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (wxc) [Transferred from Texas Northern on 5/24/2023.]
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3 3 Case electronically transferred in from District of New York Southern; Case Number 1:23-cv-02851. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. [Transferred from Texas Northern on 5/24/2023.]
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***Clerk's Notice of delivery: (see NEF for details) Docket No:4,5. Fri Apr 14 14:32:17 CDT 2023 (crt) [Transferred from Texas Northern on 5/24/2023.]
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Monday, April 10, 2023
MAILING RECEIPT: Document No: 2. Mailed to: July Justine Shelby 15472-028 Federal Medical Center, Carswell P.O. Box 27137 Forth Worth, TX 76127. (kh) [Transferred from New York Southern on 4/14/2023.] [Transferred from Texas Northern on 5/24/2023.]
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Thursday, April 06, 2023
2 2 TRANSFER ORDER: The Clerk of Court is directed to transfer this action to the United States District Court for the Northern District of Texas. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. A summons shall not issue from this Court. This order closes this case. The Court certifies under 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. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Laura Taylor Swain on 4/6/23) (rdz) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 4/14/2023.] [Transferred from Texas Northern on 5/24/2023.]
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NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sgz) [Transferred from New York Southern on 4/14/2023.] [Transferred from Texas Northern on 5/24/2023.]
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CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of Texas.(rdz) [Transferred from New York Southern on 4/14/2023.] [Transferred from Texas Northern on 5/24/2023.]
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Tuesday, April 04, 2023
1 1 COMPLAINT against J. Petreucci. Document filed by July Justine Shelby..(rdz) (Main Document 1 replaced on 4/5/2023) (rdz). [Transferred from New York Southern on 4/14/2023.] [Transferred from Texas Northern on 5/24/2023.]
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Case Designated ECF. (rdz) [Transferred from New York Southern on 4/14/2023.] [Transferred from Texas Northern on 5/24/2023.]
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