| Court: | nysd |
| Docket #: | 1:13-cv-06026 |
| Case Name: | Muhammad v. Maduekwe |
| PACER case #: | 416819 |
| Date filed: | 2013-08-22 |
| Assigned to: | Judge Colleen McMahon |
| Case Cause: | 28:1331 Fed. Question: Other |
| Nature of Suit: | 440 Civil Rights: Other |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Prince Divine Messiah Muhammad Plaintiff also known asRichard McCray |
Prince Divine Messiah Muhammad |
| Psy. Nmandi Maduekwe Defendant |
Matthew Joseph Lawson |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2013-08-22 | 1 | 0 | REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Prince Divine Messiah Muhammad.(laq) (Entered: 08/29/2013) | |||
| 2013-08-22 | 2 | 0 | COMPLAINT against Nmandi Maduekwe. Document filed by Prince Divine Messiah Muhammad.(laq) (Entered: 08/29/2013) | |||
| 2013-09-10 | 3 | 0 | ORDER DIRECTING PRISONER AUTHORIZATION: Plaintiff is directed to submit a completed and signed Prisoner Authorization Form 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). Prisoner Authorization Form due by 10/10/2013. (Signed by Judge Loretta A. Preska on 09/10/2013) (Attachments: # 1 Supplement plra)(bl) (Entered: 09/10/2013) | |||
| 2013-09-20 | 4 | 0 | PRISONER AUTHORIZATION. Document filed by Prince Divine Messiah Muhammad. (man) (Entered: 09/20/2013) | |||
| 2013-09-27 | 5 | 0 | ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. § 1915. (Signed by Judge Loretta A. Preska on 9/27/2013) (sbr) (Entered: 09/30/2013) | |||
| 2013-10-15 | 7 | 0 | ORDER OF SERVICE: To allow Plaintiff, who is proceeding in forma pauperis, to effect service on Defendant through the U.S. Marshals Service, the Clerk of Court is instructed to send Plaintiff one U.S. Marshals Service Process Receipt and Return form ("USM-285 form"). Within thirty days of the date of this order, Plaintiff must complete the USM-285 form and return it to the Court. If Plaintiff does not wish to use the Marshals Service to effect service, he must notify the Court in writing within thirty days of the date of this order and request that a summons be issued directly to him. If within thirty days, Plaintiff has not returned the USM-285 form or requested a summons, under Rule 41(b) of the Federal Rules of Civil Procedure, the Court may dismiss this action for failure to prosecute. Upon receipt of the completed USM-285 form, the Clerk of Court shall issue a summons and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service upon Defendant. No matter what method of service Plaintiff chooses, he must effect service within 120 days of the date the summons is issued. It is Plaintiffs responsibility to inquire of the Marshals Service as to whether service has been made and if necessary, to request an extension of time for service. See Meilleur v. Strong, 682 F3d 56,63 (2d Cir. 2012). If within 120 days of issuance of the summons, Plaintiff has not made service or requested an extension of time in which to do so, under Rules 4(m) and 41(b) of the Federal Rules of Civil Procedure, the Court may dismiss this action for failure to prosecute. Finally, it is Plaintiffs obligation to promptly submit a written notification to the Court if Plaintiffs address changes, and the Court may dismiss the action if Plaintiff fails to do so. USM-285 Form due by 11/14/2013. Request for Issuance of Summons due by 11/14/2013. (Signed by Judge Colleen McMahon on 10/15/2013) Copies Mailed By Chambers. (rsh) (Entered: 10/15/2013) | |||
| 2013-11-22 | 8 | 0 | AFFIRMATION of Prince Muhammad IN SUPPORT OF MOTION. Document filed by Prince Divine Messiah Muhammad. (sc) (Entered: 11/25/2013) | |||
| 2014-02-21 | 9 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Nmandi Maduekwe. Attempted Service of Summons and Complaint. Service was attempted on 2/11/14. Document filed by Prince Divine Messiah Muhammad. (sc) (Entered: 02/25/2014) | |||
| 2014-04-04 | 10 | 0 | (LETTER) PRO SE MEMORANDUM dated 4/2/2014 re: CHANGE OF ADDRESS for Prince Divine Messiah Muhammad. New Address: Richard McCray 349-14-04044; The Tombs -Manhattan Detention Complex, 125 White Street, 4 North - Cell Upper 4, New York, NY 10007. (sac) (Entered: 04/09/2014) | |||
| 2015-01-15 | 11 | 0 | ORDER: The Court is conducting a review of its docket and making inquiry into cases where there has been no recent activity. The present case appears to fall into that category. Accordingly, the parties are directed to file a letter within Seven (7) Days (either jointly or separately) reporting on the status of the current litigation. (Signed by Judge Colleen McMahon on 1/15/2015) (kgo) (Entered: 01/15/2015) | |||
| 2015-03-02 | 12 | 0 | LETTER from Mr. Prince Divine Messiah Muhammad dated 2/19/15 re: Plaintiff requests that the Court inform him as to the name of the assigned judge in his case; and how long that he must wait until the judge will hear his case. Document filed by Prince Divine Messiah Muhammad.(sc) (Entered: 03/04/2015) | |||
| 2015-03-04 | 13 | 0 | CALENDAR NOTICE: Please take notice that the above captioned has been scheduled for a Telephone Conference before the Honorable Colleen McMahon, United States District Judge, on Friday, March 20, 2015 at 10:30 am. Since plaintiff is incarcerated, the Government is to initiate the call with prison officials. Should you have any questions, please call my chambers at (212) 805-6325. Telephone Conference set for 3/20/2015 at 10:30 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 3/4/2015) (kgo) (Entered: 03/04/2015) | |||
| 2015-03-05 | 14 | 0 | ORDER: Plaintiffs case cannot be heard unless and until the defendant is served with process. It is the plaintiffs burden to make sure the complaint is served - not the court's. The fact that the plaintiff is incarcerated does not transfer responsibility for effecting service. The Marshal notified the court over a year ago that it was unable to serve Dr. Maduekwe. Plaintiff should have made inquiry long ago. The Marshal needs to know the address where Dr. Maduekwe either lives or works. Until he is served, there is no live case; and if he is not served within three years of having taken some action against plaintiff that is the subject of this lawsuit the action will be dismissed as time barred. Therefore, plaintiff must take some affirmative steps to locate Dr. Manduekwe, so that the Marshal can serve him with process. Given the length of time that has transpired since service failed, I had my law clerk contact Kirby Psychiatric Center to see if Dr. Manduekwe still works there. I am advised that Dr. Manduekwe has been transferred to Rockland County Psychiatric Center. I am directing that a new service packet issue and that the Marshal immediately attempt to serve Dr. Manduekwe at the Rockland Psychiatric Center. If he has moved on from there, plaintiff is directed to propound an interrogatory directed to the New York State Office of Mental Health - which runs both Kirby and Rockland - to see whether we can obtain a forwarding address. The answer to plaintiff's question "when will the judge hear my case?" is simple: we will begin the litigation process as soon as the defendant is served. There will undoubtedly be a motion to dismiss, and if that is unsuccessful, some discovery and a motion for summary judgment. Since plaintiff has demanded a jury trial (Docket #2), it will probably be a year or more after the defendant is finally served before we can bring this matter to judgment. Plaintiff should be more diligent in pursuing his claim. The Clerk is directed to issue a new service packet to the Marshal, with instructions to try to serve Dr. Manduekwe at the Rockland County Psychiatric Center, and to report back to the court promptly. (Signed by Judge Colleen McMahon on 3/5/2015) Copies Mailed By Chambers. (kgo) (Entered: 03/05/2015) | |||
| 2015-03-19 | 15 | 0 | LETTER addressed to Judge Colleen McMahon from Prince Muhammed, dated 3/11/15 re: Plaintiff informs the Court that he has done everything that he could do to arrange the "proper service" in his case, but he has not received any letter from the Court at any time; and he requests that the Court serve the defendant with the " process" for him because "Kirby" does not want to give him any "help" and information about Madueke. Document filed by Prince Divine Messiah Muhammad.(sc) (Entered: 03/23/2015) | |||
| 2015-03-31 | 16 | 0 | ORDER: My clerk placed a telephone call to the Rockland Psych Center and spoke with Dr. Maduekwe, who confirmed that he is now working there. The Court will allow plaintiff one last opportunity to serve defendant. The Pro Se Office is to provide plaintiff with yet another service packet. Plaintiff will have (30) days from the issuance of the new service packet to file proof of service with the court. The Court asks that the Marshal Service facilitate the service of defendant. (Signed by Judge Colleen McMahon on 3/31/2015) Copies Mailed By Chambers. (kgo) (Entered: 03/31/2015) | |||
| 2015-04-01 | 17 | 0 | LETTER addressed to Prince Divine Messiah Muhammed from Staff Attorney dated April 1, 2015 re: service on Defendant. (keb) (Entered: 04/01/2015) | |||
| 2015-04-07 | 18 | 0 | PRO SE MEMORANDUM dated 3/38/15 re: CHANGE OF ADDRESS for Prince Divine Messiah Muhammad. New Address: Manhattan Psychiatric Center, Kirby Forensic Psych. Center, Wards Island Complex, 600 East 125th Street, Ward #3East, New York, New York, 10035-6095. (Plaintiff requests that the Court appoint him pro bono counsel.) (sc) (Entered: 04/08/2015) | |||
| 2015-05-08 | 19 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Nmandi Maduekwe served on 5/1/2015, answer due 6/30/2015. Service was made by Mail, signed and returned by Nancy Halleck, OMH Deputy Counsel. Document filed by Prince Divine Messiah Muhammad. (sc) (Entered: 05/18/2015) | |||
| 2015-06-30 | 20 | 0 | MOTION to Dismiss . Document filed by Nmandi Maduekwe.(Lawson, Matthew) (Entered: 06/30/2015) | |||
| 2015-06-30 | 21 | 0 | MEMORANDUM OF LAW in Support re: 20 MOTION to Dismiss . . Document filed by Nmandi Maduekwe. (Attachments: # 1 Appendix Appendix of Unreported Authorities)(Lawson, Matthew) (Entered: 06/30/2015) | |||
| 2015-06-30 | 22 | 0 | NOTICE of Local Civil Rule 12.1 Notice re: 20 MOTION to Dismiss .. Document filed by Nmandi Maduekwe. (Lawson, Matthew) (Entered: 06/30/2015) | |||
| 2015-06-30 | 23 | 0 | CERTIFICATE OF SERVICE of Notice of Motion, Memorandum in Support, and Supporting Papers served on Prince D.M. Muhammad on 6/30/215. Service was made by MAIL. Document filed by Nmandi Maduekwe. (Lawson, Matthew) (Entered: 06/30/2015) | |||
| 2015-06-30 | 24 | 0 | NOTICE of Local Civil Rule 12.1 Notice re: 20 MOTION to Dismiss .. Document filed by Nmandi Maduekwe. (Attachments: # 1 Exhibit Text of Fed. R. Civ. P. 56)(Lawson, Matthew) (Entered: 06/30/2015) | |||
| 2015-07-23 | 25 | 0 | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Seal Document Motion to File Supplemental Brief and Accompanying Papers Under Seal. Document filed by Nmandi Maduekwe.(Lawson, Matthew) Modified on 7/24/2015 (db). (Entered: 07/23/2015) | |||
| 2015-07-24 | 26 | 0 | LETTER addressed to Judge Colleen McMahon from Matthew J. Lawson dated July 23, 2015 re: Request to File Supplemental Brief and Accompanying Papers Under Seal. Document filed by Nmandi Maduekwe.(Lawson, Matthew) (Entered: 07/24/2015) | |||
| 2015-07-27 | 27 | 0 | MEMO ENDORSEMENT on re: 26 Letter filed by Nmandi Maduekwe. ENDORSEMENT: OK - file under seal. (Signed by Judge Colleen McMahon on 7/27/2015) (kgo) (Entered: 07/27/2015) | |||
| 2015-07-30 | 28 | 0 | SEALED DOCUMENT placed in vault.(mps) (Entered: 07/30/2015) | |||
| 2015-07-30 | 29 | 0 | FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 20 MOTION to Dismiss . Defendant Nnamdi Maduekwe's Supplemental Memorandum of Law in Support of His Motion for Summary Judgment On Grounds of Qualified Immunity (FILED UNDER SEAL). Document filed by Nmandi Maduekwe. (Lawson, Matthew) Modified on 7/31/2015 (db). (Entered: 07/30/2015) | |||
| 2015-07-30 | 30 | 0 | FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Dr. Nnamdi Maduekwe in Support re: 20 MOTION to Dismiss .. Document filed by Nmandi Maduekwe. (Lawson, Matthew) Modified on 7/31/2015 (db). (Entered: 07/30/2015) | |||
| 2015-07-30 | 31 | 0 | FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Matthew J. Lawson in Support re: 20 MOTION to Dismiss .. Document filed by Nmandi Maduekwe. (Lawson, Matthew) Modified on 7/31/2015 (db). (Entered: 07/30/2015) | |||
| 2015-07-30 | 32 | 0 | FILING ERROR - DEFICIENT DOCKET ENTRY - RULE 56.1 STATEMENT. Document filed by Nmandi Maduekwe. (Lawson, Matthew) Modified on 7/31/2015 (db). (Entered: 07/30/2015) | |||
| 2015-07-30 | 33 | 0 | NOTICE of Local Civil Rule 56.2 Notice. Document filed by Nmandi Maduekwe. (Attachments: # 1 Exhibit Text of Fed. R. Civ. P. 56, # 2 Exhibit Text of SDNY Local Rule 56.1)(Lawson, Matthew) (Entered: 07/30/2015) | |||
| 2015-07-30 | 34 | 0 | CERTIFICATE OF SERVICE of Defendant Nnamdi Maduekwe's Supplemental Memorandum of Law in Support of his Motion for Summary Judgment on Grounds of Qualified Immunity and Supporting Papers served on Prince D.M. Muhammad on 7/30/2015. Service was made by MAIL. Document filed by Nmandi Maduekwe. (Lawson, Matthew) (Entered: 07/30/2015) | |||
| 2015-10-15 | 35 | 0 | DECISION AND ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ON THE GROUND OF QUALIFIED IMMUNITY; CONVERTING THE MOTION TO DISMISS TO A MOTION FOR SUMMARY JUDGMENT ON THE MERITS PURSUANT TO FED. R. CIV. P. 56; AND GIVING PLAINTIFF UNTIL NOVEMBER 30, 2015 TO SHOW CAUSE WHY THAT MOTION SHOULD NOT BE GRANTED with respect to 20 Motion to Dismiss. The motion for an order granting summary judgment on the ground of qualified immunity is, therefore, DENIED. Because it will expedite the resolution of this action, I hereby give notice that I am converting the State's motion to dismiss made pursuant to Rule 12(b)(6) into a motion for summary judgment on the merits, pursuant to Fed. R. Civ. P. 56. I must of course give Plaintiff notice of conversion and an opportunity to respond to the converted motion, Sahu v. Union Carbide Corp., 548 F.3d 59 (2d Cir. 2008). I hereby grant Mr. Muhammad until November 30, 2015 to file competent evidence that would raise a genuine issue of material fact. The Attorney General may have until December 11 to reply to any submission that Plaintiff makes. The court will not look kindly on requests for extensions of time. Dr. Maduekwe was sued in 2013, but was not served until almost two years later. It is my hope that the motion can be decided by the end of the calendar year. Because both motions were made using a single notice of motion, the Clerk of the Court should not close out the motion at Docket #20. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 10/15/2015) Copies Mailed By Chambers. (kgo) Modified on 10/15/2015 (kgo). (Entered: 10/15/2015) | |||
| 2015-10-16 | 36 | 0 | LETTER addressed to Judge Colleen McMahon from Matthew J. Lawson dated October 16, 2015 re: Plaintiff's New Address. Document filed by Nmandi Maduekwe.(Lawson, Matthew) (Entered: 10/16/2015) | 2015-11-03 14:32:58 | 74f6a167cb8bd17503dc24e226f1a41a7632f6b3 | |
| 2015-10-27 | 37 | 0 | LETTER from Prince D.M. Muhammad dated 10/17/2015 re: Change of Address. (Form Request). New Address: Prince D.M. Muhammad; Rochester Regional Forensic Unit, 1111 Elmwood Avenue, Rochester, NY 14620. Document filed by Prince Divine Messiah Muhammad.(sac) (Entered: 10/28/2015) | 2015-11-03 14:51:58 | e8d468ddffb97716f141f368f0aed1eaea15a0fc |