Mescall v. Whittingham et al

New York Southern District Court
Judge:	Kenneth M Karas
Case #:	7:25-cv-02175
Nature of Suit	550 Prisoner Petitions - Habeas Corpus - Civil Rights
Cause	42:1983 Civil Rights Act

Case Filed:

Mar 17, 2025

Docket
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Docket last updated: 36 minutes ago

Friday, April 25, 2025
21		21 misc FRCP 4 Service Package - Mailed Fri 04/25 9:07 AM INFORMATION PACKAGE MAILED to Sean Mescall, at, on 4/25/2025 Re:19 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, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (nb) Related: [-]
		misc Mail Order by USPS Fri 04/25 9:08 AM Mailed a copy of1 Complaint,19 Order of Service, to Attorney General of the State of New York, at 28 Liberty Street, New York, New York 10005; the New York City Law Department at 100 Church Street, New York, New York, 11201; and the United States Attorney General, Southern District of New York, Civil Division at 86 Chambers Street, Third Floor New York, New York 10007..(nb) Related: [-]
Wednesday, April 23, 2025
20		20 1 pgs order Order Granting IFP Application Wed 04/23 6:13 PM ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. � 1915. SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/23/2025) (jjc) Related: [-]
19		19 5 pgs order Order of Service Wed 04/23 5:06 PM ORDER OF SERVICE: Under Valentin v. Dinkins, a pro se litigant is entitled to assistance from the Court in ascertaining a defendant's proper service address. See 121 F.3d 72, 76 (2d Cir. 1997). In his complaint, Plaintiff supplies sufficient information to permit the New York Attorney General, New York City Law Department, and United States Attorney's Office to provide the service addresses of the unserved Defendants. It is therefore ordered that the New York City Law Department, which represents the Manhattan District Attorney's Office, must ascertain the appropriate service address of these individuals and entities. The New York City Law Department must provide this information to the Court and to Plaintiff within 60 days of the date of this order. It is further ordered that the Attorney General of the State of New York must provide the appropriate service address for Attorney General Letitia James. The Attorney General must provide this information to the Court and to Plaintiff within 60 days of the date of this order. Finally, the Complaint alleges that Claire Francisco, a U.S. Probation Officer, participated in the violation of Plaintiff's rights. It is therefore ordered that the U.S. Attorney's Office for the Southern District of New York, which represents U.S. Probation Officers, ascertain the service address of Francisco. The U.S. Attorney's Office must provide this information to the Court and to Plaintiff within 60 days of the date of this order. Within 30 days of receiving this information, Plaintiff must file an amended complaint naming providing the Defendants' service address. The amended complaint will replace, not supplement, the original complaint. An amended complaint form that Plaintiff should complete is attached to this order. Once Plaintiff has filed an amended complaint, the Court will screen it and, if necessary, issue an order directing service on the newly identified defendant. The Court directs the Clerk of Court to mail an information package to Plaintiff. The Court further directs service on Kaiyln Whittingham, Adebukola T. Ogunsanya, Letitia James, Minji Kim, Alexander Sanyshyn, Kelly Thomas, Kofi Sansculotte, Jodie Kane, Jamyle Delgado, Kari Siegenthaler, Leila Mohammed, Kyle Breen, Luis Chuquiralao, Ryan Lemon, Kevin Yorke, Michael Wigdor, Jon Reid, Steve Moran, Olivia Savell, Caroline Serino, Clare Francesco, Manhattan District Attorney's Office, and The City of New York. The Court directs the Clerk of Court to mail a copy of this order and a copy of the complaint to the Attorney General of the State of New York, at 28 Liberty Street, New York, New York 10005; the New York City Law Department at 100 Church Street, New York, New York, 11201; and the United States Attorney General, Southern District of New York, Civil Division at 86 Chambers Street, Third Floor New York, New York 10007. An amended complaint form is attached to this order. 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, IFP 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 Kenneth M. Karas on 4/23/25) (yv) Related: [-]
Thursday, April 17, 2025
18		18 motion Compel Thu 04/17 2:32 PM INTERIM LETTER MOTION to Compel Remaining defendants to accept service provided or provided by US Marshals To perform service of process on remaining defendants addressed to Judge Kenneth M. Karas from Mescall dated 04/17/2025. Document filed by Sean Mescall. Return Date set for 4/24/2025 at 01:15 PM..(Mescall, Sean) Related: [-]
		Att: 1 Affidavit declaration of facts leading to request.,
		Att: 2 Affidavit 28 U.S.C. 1915, Forma Pauperis Declaration
Wednesday, April 09, 2025
17		17 service Acknowledgment of Service Complaints Wed 04/09 6:17 PM ACKNOWLEDGMENT OF SERVICE Summons and Complaint,, served. Hope Korenstein served on 3/26/2025, answer due 4/16/2025. Service was accepted by court reporter. Service was made by mail as well as personal. Document filed by Sean Mescall..(Mescall, Sean) Related: [-]
Thursday, March 27, 2025
16		16 respoth Affidavit (non-motion) Fri 03/28 10:54 AM AFFIDAVIT of Sean Mescall under 28 U.S.C.� 1746. Document filed by Sean Mescall. (yv) Related: [-]
15		15 service Acknowledgment of Service Complaints Fri 03/28 10:47 AM ACKNOWLEDGMENT OF SERVICE Summons and Complaint,, served. Alvin Bragg served on 3/21/2025, answer due 4/11/2025. Service was accepted by Gall Montague. Document filed by Sean Mescall. (yv) Related: [-]
Tuesday, March 25, 2025
13		13 misc Letter Tue 03/25 2:43 PM FIRST LETTER addressed to Judge Kenneth M. Karas from MESCALL dated 03/25/25 re: previos Alvin Bragg Entry in Erro. Document filed by Sean Mescall..(Mescall, Sean) Related: [-]
12		12 notice Notice (Other) Tue 03/25 2:31 PM NOTICE of SERVICE-ATTEMPS re:2 Affidavit in Support,11 Memo Endorsement,, Set Deadlines,1 Complaint,,. Document filed by ALVIN L. BRAGG, JR..(Mescall, Sean) Related: [-]
		Att: 1 Affidavit PROOF of Service-Bragg,
		Att: 2 Affidavit proof of service- C. franscesco
11		11 order Memo Endorsement ~Util - Set Deadlines Tue 03/25 2:25 PM MEMO ENDORSEMENT on re:10 Letter amending complaint, filed by Sean Mescall. ENDORSEMENT : Because an answer has not yet been filed, Plaintiff's application is granted. The Amended Complaint is due 4/11 /25. The Clerk is respectfully directed to mail this document to Plaintiff. So Ordered., ( Amended Pleadings due by 4/11/2025.) (Signed by Judge Kenneth M. Karas on 3/25/25) (yv) Related: [-]
10		10 misc Letter Tue 03/25 10:34 AM LETTER from Sean Mescall dated 3/20/2025 re: Pursuant to Fed Rules of Civil Procedure 15(a) (1); I would like to amend the complaint adding Michael Finneman Esq. He, inter alia , has engaged in the relevant conduct under the original complaint. Document filed by Sean Mescall. (tp) Related: [-]
Monday, March 24, 2025
14		14 service Summons Issued Tue 03/25 6:30 PM SUMMONS ISSUED as to Alvin Bragg, Kyle Breen, Luis Chuquiralao, Jamyle Delgado, Althea Dysdale, Jodie Kane, Minji Kim, Hope Korenstein, Ryan Lemon, Leila Mohammed, Steve Moran, Adebukola T. Ogunsanya, Jon Reid, Kofi Sansculotte, Alexander Sanyshyn, Olivia Savell, Caroline Serino, Kari Siegenthaler, Kelly Thomas, Kaiyln Whittingham, Michael Wigdor, Kevin Yorke. (ar) Related: [-]
Sunday, March 23, 2025
9		9 service Request for Issuance of Summons Mon 03/24 5:57 PM REQUEST FOR ISSUANCE OF SUMMONS as to Jaymle Delgado, re:1 Complaint. Document filed by Sean Mescall. (jjc) Related: [-]
8		8 service Request for Issuance of Summons Mon 03/24 5:51 PM REQUEST FOR ISSUANCE OF SUMMONS as to Minji Kim, re:1 Complaint. Document filed by Sean Mescall. (jjc) Related: [-]
7		7 respoth Declaration (non-motion) Mon 03/24 4:17 PM DECLARATION OF FACTS 28 U.S.C. � 1746 of Sean Mescall. Document filed by Sean Mescall. (vfr) Related: [-]
Friday, March 21, 2025
6		6 2 pgs order Order on Motion for Permission for Electronic Case Filing Fri 03/21 3:48 PM MEMO ENDORSEMENT granting5 Motion for Permission for Electronic Case Filing. ENDORSEMENT: So Ordered. (Signed by Judge Kenneth M. Karas on 3/21/2025) (tg) Related: [-]
Thursday, March 20, 2025
5		5 motion Permission for Electronic Case Filing Thu 03/20 6:22 PM MOTION for Permission for Electronic Case Filing for Sean Mescall to participate in electronic case filing in this case. Document filed by Sean Mescall. (vfr) Related: [-]
4		4 misc Pro Se Consent to Receive Electronic Service Thu 03/20 6:19 PM CONSENT TO ELECTRONIC SERVICE. The following party: Sean Mescall consents to receive electronic service via the ECF system. Document filed by Sean Mescall. (vfr) Related: [-]
Tuesday, March 18, 2025
		misc Mailing Receipt Tue 03/18 9:41 AM Related: [-]
Monday, March 17, 2025
3		3 order Standing Order re Cases Filed By Pro Se Plaintiffs Mon 03/17 2:41 PM 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 03/18/2024) (sac) Related: [-]
2		2 respoth Affidavit in Support (non-motion) Mon 03/17 2:36 PM AFFIDAVIT of Sean Mescall in Support re: 1 Complaint. Document filed by Sean Mescall. (sac) Related: [-]
1		1 cmp Complaint Mon 03/17 2:34 PM COMPLAINT against Alvin Bragg, Kyle Breen, Luis Chuquiralao, Jamyle Delgado, Clare Francesco, Letitia James, Jodie Kane, Minji Kim, Hope Korenstein, Ryan Lemon, Manhattan District Attorneys Office - New York County, Leila Mohammed, Steve Moran, Adebukola T. Ogunsanya, Jon Reid, Kofi Sansculotte, Alexander Sanyshyn, Olivia Savell, Caroline Serino, Kari Siegenthaler, The City of New York, Kelly Thomas, Kaiyln Whittingham, Michael Wigdor, Kevin Yorke. (Filing Fee $ 405.00, Receipt Number XXXX) Document filed by Sean Mescall..(sac) Related: [-]
		Att: 1 Exhibit Main Document,
		Att: 2 Civil Cover Sheet Civil Cover Sheet
		utility Case Designated ECF Mon 03/17 2:36 PM Case Designated ECF. (sac) Related: [-]
		utility Case Designation Mon 03/17 2:36 PM Magistrate Judge Judith C. McCarthy 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] . (sac) Related: [-]
		service Note Regarding Service on Self-Represented Party Mon 03/17 2:37 PM 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) Related: [-]

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