Case details

Court: nysd
Docket #: 1:11-cv-02262
Case Name: Devine v. Kenan
PACER case #: 377512
Date filed: 2011-03-28
Date terminated: 2011-10-11
Assigned to: Judge Denise L. Cote
Referred to: Magistrate Judge Kevin Nathaniel Fox (Settlement)
Case Cause: 42:1983 Prisoner Civil Rights
Nature of Suit: 555 Prisoner: Prison Condition
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Reuben Howard Devine
Plaintiff
Reuben Howard Devine
11A4500 1-C14 Box F Red Schoolhouse Rd. Fishkill, NY 12524-0445 PRO SE

Correction Officer Kenan
Defendant
#10592
Erin Laree Ferrell
New York City Law Department 100 Church Street New York, NY 10007 (212) 788-0303 Fax: (212) 788-9776 Email: eferrell@law.nyc.gov
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2011-03-28 1 0 DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Reuben Howard Devine.(laq) (jcs). (Entered: 04/07/2011)
2011-03-28 2 0 COMPLAINT against Kenan. Document filed by Reuben Howard Devine.(laq) (Main Document 2 replaced on 4/15/2011) (jcs). (Entered: 04/07/2011)
2011-04-08 3 0 Pro Se Acknowledgment Letter Mailed: Pro Se acknowledgment letter mailed to the plaintiff via USPS to the address noted on the Complaint on 4/8/2011. (msa) (Entered: 04/08/2011)
2011-04-08 4 0 ORDER: Leave to proceed in this Court without payment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Loretta A. Preska on 4/8/2011) (mbe) (Entered: 04/08/2011)
2011-04-08 5 0 NOTICE OF CASE ASSIGNMENT to Judge Denise L. Cote. Judge Unassigned is no longer assigned to the case. (sjo) (Entered: 04/08/2011)
2011-04-11 7 0 ORDER OF SERVICE: The Clerk of Court is directed to issue a Summons in this action, and the plaintiff is directed to serve the Summons and Complaint upon the defendant. (Signed by Judge Denise L. Cote on 4/11/2011) Copies Mailed By Chambers. (jpo) (Entered: 04/11/2011)
2011-05-03 8 0 APPLICATION to Appoint Counsel pursuant to 18 U.S.C. 3006(A)(g) (Habeas Corpus Petition). Document filed by Reuben Howard Devine.(mbe) (Entered: 05/05/2011)
2011-05-10 9 0 ORDER, denying 8 Application to Appoint Counsel pursuant to 18 U.S.C. 3006(A) (g)(Habeas Corpus Petition). Plaintiff's May 3, 2011 application for the appointment of counsel is denied without prejudice to renewal at such time as the existence of a potentially meritorious claim may be demonstrated.(Signed by Judge Denise L. Cote on 5/9/11) Copies Sent By Chambers. (pl) (Entered: 05/10/2011)
2011-05-12 11 0 AFFIRMATION OF SERVICE of Summons, Memo-endorsed, Copy of Complaint. Kenan served on 4/26/2011, answer due 5/17/2011. Service was made by Mail. Document filed by Reuben Howard Devine. (tro) (Main Document 11 replaced on 5/19/2011) (tro). (Entered: 05/19/2011)
2011-05-25 12 0 ORDER Kenan answer to complaint due 6/27/2011. (Signed by Judge Denise L. Cote on 5/25/11) (cd) (Entered: 05/25/2011)
2011-06-02 13 0 ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/15/2011 at 11:30 AM in Courtroom 11B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 6/2/2011) (jpo) (Entered: 06/02/2011)
2011-06-27 14 0 NOTICE OF APPEARANCE by Erin Laree Ferrell on behalf of Kenan (Ferrell, Erin) (Entered: 06/27/2011)
2011-06-27 15 0 ANSWER to 2 Complaint with JURY DEMAND. Document filed by Kenan.(Ferrell, Erin) (Entered: 06/27/2011)
2011-07-07 17 0 ORDER. It is hereby ordered that the July 15, 2011 initial pretrial conference is adjourned to August 19, 2011 at 3:00 p.m. in Courtroom 11B, 500 Pearl Street. (Initial Conference set for 8/19/2011 at 03:00 PM in Courtroom 11B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 7/7/11) Copies Sent By Chambers. (rjm) (Entered: 07/07/2011)
2011-07-21 18 0 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Service was accepted by S. Johnson - Captain. Document filed by Reuben Howard Devine. (jfe) (Entered: 07/25/2011)
2011-08-22 19 0 PRETRIAL SCHEDULING ORDER IN A PRO SE ACTION: Defendant's counsel is instructed to contact the chambers of Magistrate Judge Fox prior to September 30, 2011. Deposition due by 11/18/2011. IT IS FURTHER ORDERED that plaintiff shall file a concise, written Pretrial Statement by December 16, 2011. Plaintiff shall file an original of this Statement with the Clerk of Court and serve a copy on the attorneys for defendant. IT IS FURTHER ORDERED that the defendant file and serve a similar Statement of its case by January 20, 2012. (Signed by Judge Denise L. Cote on 8/19/2011) Copies Sent By Chambers. (ab) (Entered: 08/22/2011)
2011-08-22 20 0 ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Kevin Nathaniel Fox. (Signed by Judge Denise L. Cote on 8/19/2011) Copies Sent By Chambers. (ab) (Entered: 08/22/2011)
2011-08-24 21 0 ORDER, that a settlement conference shall be held in the above-captioned action on September 28, 2011, at 2:30 p.m., in courtroom 6A, 500 Pearl Street, New York, New York. Additional relief as set forth in this Order. ( Settlement Conference set for 9/28/2011 at 02:30 PM in Courtroom 6A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/24/11) (pl) (Entered: 08/24/2011)
2011-08-25 22 0 ORDER: It is hereby Ordered that: (1) the Warden, or other official in charge of the George Motchan Detention Center, shall provide inmate Reuben Howard Devine, Book & Case No. 349-10-15509, a private room, with telephone service, so that he may participate in a telephonic conference call with the Court and counsel to the defendant at 2:30 p.m., on September 28, 2011; (2) plaintiff Reuben Howard Devine shall appear in a private room, designated by the Warden, or other official in charge of the George Motchan Detention Center, to participate in said telephonic conference; and (3) Assistant Corporation Counsel Erin Laree Farrell is directed to serve a copy of this Order on the Warden, or other official in charge of the George Motchan Detention Center, expeditiously. ( Telephone Conference set for 9/28/2011 at 02:30 PM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/25/2011) Copies Mailed By Chambers. (mro) (Entered: 08/25/2011)
2011-09-27 23 0 ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Erin Ferrell dated 9/26/2011 re: Counsel informs the Court that this matter has been settled. Counsel requests that the pre-trial conference currently scheduled for September 28, 2011 at 2:30 p.m. is no longer necessary. ENDORSEMENT: Based on the above, the settlement conference scheduled previously for September 28, 2011, is cancelled. (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/27/2011) (djc) (Entered: 09/27/2011)
2011-08-18 24 0 PRO SE MEMORANDUM dated August 18, 2011 re: CHANGE OF ADDRESS for Reuben Howard Devine. New Address: B&C# 3491015509, 15-15 Hazen Street, East Elmhurst, NY, 11370. (arc) (Entered: 09/28/2011)
2011-10-11 25 0 ORDER OF DISCONTINUANCE: that the above-captioned action is hereby discontinued without costs to any party and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made within thirty days. (Signed by Judge Denise L. Cote on 10/11/2011) Copies Sent By Chambers. (tro) (Entered: 10/11/2011)
2011-11-10 26 0 Letter re: CHANGE OF ADDRESS for Reuben Howard Devine. New Address: 11A4500 1-C14, Box F, Red Schoolhouse Rd., Fishkill, NY, 12524-0445. (mro) (Entered: 11/14/2011)
2011-11-17 27 0 TRANSCRIPT of Proceedings re: Conference held on 8/19/2011 before Judge Denise L. Cote. Court Reporter/Transcriber: Linda Fisher, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/12/2011. Redacted Transcript Deadline set for 12/22/2011. Release of Transcript Restriction set for 2/18/2012.(McGuirk, Kelly) (Entered: 11/17/2011)
2011-11-17 28 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 8/19/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 11/17/2011)