Case details

Court: nysd
Docket #: 1:96-cv-07545
Case Name: Matagrano v. New York City Dept., et al
PACER case #: 152210
Date filed: 1996-10-04
Date terminated: 1997-06-26
Assigned to: Judge Peter K. Leisure
Referred to: Magistrate Judge Michael H. Dolinger
Case Cause: 42:1983 Prisoner Civil Rights
Nature of Suit: 550 Prisoner: Civil Rights
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Matthew John Matagrano
Plaintiff
Matthew John Matagrano
PRO SE

Matthew John Matagrano
Mid-State CF P.O. Box 2500 98-A-2276 Marcy, NY 13403
LEAD ATTORNEY

Paul Schiff Berman
125 Broad Street, 30th Floor New York, NY 10004 (212) 558-4860
LEAD ATTORNEY

New York City Dept. Corrections
Defendant
60 Hudson Street NY, NY 10010
William Patrick Farley
N.Y.C. Corp. Counsel 120 Broadway New York, NY
LEAD ATTORNEY

Montifore Medical Center
Defendant
Rikers Island Health Serv. Mental Health Services at A.M.K.C.
William Patrick Farley
(See above for address)
LEAD ATTORNEY

Corrections Officer Picone
Defendant
Anna M. Kross Center/C-95 12 Modu Le A Side "Mental Observation Unit"
William Patrick Farley
(See above for address)
LEAD ATTORNEY

Phd Dr. Roberta Posner
Defendant
Montifore Hospital Rikers Island Health Serv. Mental Health Clinic "Hearts
William Patrick Farley
(See above for address)
LEAD ATTORNEY

Ms. James
Defendant
Director of Mental Health Montifore Medical Center R.I.H.S.
William Patrick Farley
(See above for address)
LEAD ATTORNEY

Warden Pastdena
Defendant
A.R.D.C. C-74
William Patrick Farley
(See above for address)
LEAD ATTORNEY

Correction Officer George Sheehy
Defendant
AMKC 12 Module Mental Observation Unit
William Patrick Farley
(See above for address)
LEAD ATTORNEY

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
1996-10-04 1 0 Order endorsed on declaration and support of request to proceed in forma pauperis, granted ; ( signed by Chief Judge Thomas P. Griesa ) (ba) (Entered: 10/10/1996)
1996-10-04 2 0 COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); Reply required under Prison Litigation Reform Act Section 7(2)(g)(2). (dcap) (Entered: 10/24/1996)
1996-10-04 3 0 APPLICATION by Matthew John Matagrano for appointment of counsel (ba) (Entered: 10/10/1996)
1996-10-17 4 0 ORDER that case be referred to Case Processing Assistant for Assignment of a Magistrate Judge for General Pretrial. ( signed by Judge Peter K. Leisure ) (ae) (Entered: 10/18/1996)
1996-11-29 5 0 MEMORANDUM by New York City Dept. in support of motion to dismiss. (kw) (Entered: 12/02/1996)
1996-11-29 6 0 NOTICE OF MOTION by New York City Dept. dismissing the complaint on the ground that it fails to state a claim upon which relief may be granted , Return date 1/10/97 (djc) (Entered: 12/02/1996)
1996-12-04 7 0 Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion ( signed by Judge Peter K. Leisure ) Referred to Magistrate Judge Michael H. Dolinger (kg) (Entered: 12/04/1996)
1996-12-05 8 0 NOTICE of CHANGE OF ADDRESS by Matthew John Matagrano (pl) (Entered: 12/05/1996)
1996-12-06 9 0 Filed Memo_Endorsement on letter dated 11/29/96, for leave to file deft supplemental memo re addressing the authority of the court to construe the pro se complaint as intended to name the City of NY as deft in lieu of the Dept of Corrections by 12/18/96 ( signed by Magistrate Judge Michael H. Dolinger ) (cd) (Entered: 12/06/1996)
1996-12-18 10 0 SUPPLEMENTAL MEMORANDUM by New York City Dept. in support of [6-1] motion dismissing the complaint on the ground that it to state a claim upon which relief may be granted (ls) (Entered: 12/19/1996)
1996-12-24 11 0 ORDER, plaintiff has requested leave to serve an amended complaint in which he would name the City of New York as a defendant in place of the Department of Corrections. To support this request, plaintiff is to serve on defendants' atty and submit to the Court by January 3, 1997 a proposed amended complaint. In doing so, he is reminded that he cannot assert a claim against the City unless he can truthfully allege facts showing that the City was responsible for the alleged misconduct of the individual defendants. Defendants are to respond to plaintiff's submission by January 10, 1997 (signed by Magistrate Judge Michael H. Dolinger); Copies mailed (djc) (Entered: 12/26/1996)
1997-01-24 12 0 REPORT AND RECOMMENDATIONS of Magistrate Judge Michael H. Dolinger. I recommend that the motion of the Department of Corrections to dismiss the complaint as against it be granted and that plaintiff's letter motion to amend his complaint to name the City of New York be denied with prejudice. Motion no longer referred Objections to R and R due ten days from the date of the RR to file written objection. (kw) (Entered: 01/28/1997)
1997-01-27 13 0 ORDER, Defendants' response to motion reset to 2/7/97 for [13-1] motion for leave to file amended complaint , Reply to Response to Motion reset to 2/21/97 for [13-1] motion for leave to file amended complaint ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed (kw) (Entered: 01/28/1997)
1997-01-24 14 0 NOTICE OF Letter MOTION by Matthew John Matagrano to extend time purs. to FRCP Rule 6(B) (returned doc. to USMJ, Dolinger chambers on 1/29/97) (kg) (Entered: 01/29/1997)
1997-01-24 15 0 NOTICE of Change of Address by Matthew John Matagrano (pl) (Entered: 01/29/1997)
1997-01-29 16 0 Filed Memo_Endorsement on letter from Michael S. Brown dated 1/28/97, defts. Response to motion reset to 2/24/97 for [13-1] motion for leave to file amended complaint...SO ORDERED... ( signed by Magistrate Judge H. Dolinger ) (ls) (Entered: 01/30/1997)
1997-03-17 17 0 ACKNOWLEDGEMENT OF SERVICE as to C.O. Picone by self on 1/8/97 Answer due on 1/28/97 for C.O. Picone (ls) (Entered: 03/18/1997)
1997-03-25 18 0 MEMORANDUM AND ORDER GRANTING [13-1] motion for leave to file amended complaint. The amended complaint is deemed served on all defendants previously served with the original summons and complaint. Responses to the amended complaint are to be served and filed by 4/10/97. SO ORDERED: ( signed by Magistrate Judge Michael H. Dolinger ) (ae) (Entered: 03/26/1997)
1997-04-10 19 0 Filed Memo-Endorsement on letter from Patricia Le Goff, Asst Corp Counsel dated 4/8/97, requesting an extension until 5/1/97 for the defts to respond to the amended complaint .....APPLICATION GRANTED, BUT NO FURTHER EXTENSIONS WILL BE GRANTED. THE COURT ALSO NOTES THAT THE DOCKET SHEET REFLECTS SERVICE ON VARIOUS INDIVIDUALLY NAMED DEFTS. MAGISTRATE JUDGE DOLINGER 4/9/97. ( signed by Magistrate Judge Michael H. Dolinger ) (lam) (Entered: 04/11/1997)
1997-04-30 20 0 AFFIDAVIT of Matthew John Matagrano in support of Re: [20-1] motion for preliminary injunction. (kw) (Entered: 05/02/1997)
1997-05-01 21 0 ANSWER by New York City Dept., Montifore Medical, C.O. Picone, Dr. Roberta Posner, Ms. James, Warden Pastdena, and C.O. Sheehy (Attorney William Patrick Farley) to amended complaint. (kw) (Entered: 05/05/1997)
1997-04-30 22 0 NOTICE of attorney appearance for Matthew John Matagrano by Paul Schiff Berman (lam) (Entered: 05/05/1997)
1997-05-09 23 0 ORDER, that if plaintiff intends to amend his complaint, he is to do so, either by motion or by stipulation, by 5/29/97. ( signed by Magistrate Judge Michael H. Dolinger ) (ae) (Entered: 05/12/1997)
1997-06-25 24 0 MEMORANDUM ORDER, none of the parties having objected to the Report of Mag. Judge Dolinger recommending that the Court grant defendants' motion to dismiss and deny plaintiff's motion to amend complaint, the court having reviewed the Report and finds that it is legally correct and proper. The Court adopts the Report in its entirety, except that the recommendation to dismiss the action is moot due to plaintiff's filing of an amended complaint. ( signed by Judge Peter K. Leisure ); Copies mailed (ae) (Entered: 06/27/1997)
1997-06-26 25 0 STIPULATION and ORDER of SETTLEMENT and DISCONTINUANCE, plaintiff withdraws, discontinues and dismisses this action, with prejudice, and w/out costs, expenses, or fees in excess of the amount specified in paragraph "2" below , defendant City of New York hereby agrees to pay plaintiff the sum of $1,750 in full satisfaction of all claims, including claims for costs, expenses and attorney fees. ( signed by Judge Peter K. Leisure ). (ae) (Entered: 06/27/1997)
1997-08-25 26 0 NOTICE of change of address by Matthew John Matagrano (jp) (Entered: 08/26/1997)
1997-09-23 27 0 NOTICE of change of address by Matthew John Matagrano (jp) (Entered: 09/24/1997)
1998-02-11 28 0 NOTICE of change of address by Matthew John Matagrano (jp) (Entered: 02/11/1998)
1998-03-23 29 0 NOTICE of change of address by Matthew John Matagrano (jp) (Entered: 03/25/1998)
1998-05-20 30 0 NOTICE of change of address by Matthew John Matagrano (jp) (Entered: 05/22/1998)
1998-09-01 31 0 NOTICE of change of address by Matthew John Matagrano (jp) (Entered: 09/01/1998)
1998-09-29 32 0 NOTICE of Change of Address by Matthew John Matagrano. (bw) (Entered: 09/29/1998)
1999-03-04 33 0 NOTICE of change of address of Matthew John Matagrano (djc) (Entered: 03/05/1999)
1999-07-06 34 0 NOTICE of change of address by Matthew John Matagrano (ls) (Entered: 07/08/1999)
2001-12-28 35 0 NOTICE of change of address by Matthew John Matagrano . (pl) (Entered: 01/09/2002)