This case was last updated from PACER on 10/22/2018 at 08:02:02 (UTC).

Carzoglio v. Vollmer et al

Case Summary

On 08/23/2018 Carzoglio filed a Prisoner - Prison Condition lawsuit against Vollmer. This case was filed in U.S. District Courts, New York Southern District. The Judge overseeing this case is Nelson Stephen Roman. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    7:18-CV-07780

  • Filing Date:

    08/23/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Prisoner - Prison Condition

  • Court:

    U.S. District Courts

  • Courthouse:

    New York Southern District

Judge Details

Presiding Judge

Nelson Stephen Roman

 

Party Details

Plaintiff

Angelo Carzoglio

Attica, NY 14011-0149

Defendants

Jail Guard Curry

Jail Guard Olivo

Jail Guard Holoran

Supervisor B. Allen

Supervisor McWilliams

Jail Guard Rodrigues

Jail Guard Archer

Westchester County Department of Corrections

Assistant Warden Karl Vollmer

Supervisor Torres

County Of Westchester

 

Court Documents

#4

(#4) ORDER GRANTING IFP APPLICATION IN PRISONER CASE: Plaintiff's application for leave to proceed without prepayment of fees is granted. A prisoner bringing a civil action is required to pay the full $350 filing fee even when proceeding in forma pauperis (IFP), that is, without prepayment of fees.... The Court must collect, when funds exist in a prisoner's account, an initial partial filing fee plus monthly payments. 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 statements 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. The Clerk of Court is also directed to send a copy of this order to Plaintiff and note service on the docket. 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 Colleen McMahon on 9/26/2018) (sac) Transmission to Docket Assistant Clerk for processing. (Entered: 09/26/2018)

#7

(#7) FRCP 4 SERVICE PACKAGE MAILED to Angelo Carzoglio at Attica Correctional Facility 639 Exchange Place PO Box 149 Attica, NY 14011 on 10/12/2018 Re: #6 Order of Service, via REGULAR MAIL. 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 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. (sbr) (Entered: 10/12/2018)

#1

(#1) REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Angelo Carzoglio.(sac) (Entered: 08/27/2018)

#2

(#2) COMPLAINT against B. Allen, Archer, Curry, Holoran, McWilliams, Olivo, Rodrigues, Torres, Karl Vollmer, Westchester County Department of Corrections. Document filed by Angelo Carzoglio.(sac) (Entered: 08/27/2018)

#6

(#6) ORDER OF SERVICE: The Court directs the Clerk of Court to mail a copy of this order to Plaintiff, together with an information package. The Court dismisses Plaintiff's claims against the Westchester County Department of Corrections. The Court also directs the Clerk of Court to add the County of Westchester as a defendant. See Fed. R. Civ. P. 21. The Court further directs the Clerk of Court to complete USM-285 forms with the addresses for Defendants Vollmer, Curry, Rodrigues, Holoran, Olivo, Archer, McWilliams, Allen, Torres, and County of Westchester and deliver all documents necessary to effect service on these defendants to the U.S. Marshals Service. 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. County Of Westchester added. Westchester County Department of Corrections (in their individual and official capacities) terminated. (Signed by Judge Nelson Stephen Roman on 10/10/2018) (ne) Transmission to Docket Assistant Clerk for processing. (Entered: 10/10/2018)

#3

(#3) PRISONER AUTHORIZATION. Document filed by Angelo Carzoglio.(sac) (Entered: 08/27/2018)

 

Docket Entries

  • 10/12/2018
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  • (#7) FRCP 4 SERVICE PACKAGE MAILED to Angelo Carzoglio at Attica Correctional Facility 639 Exchange Place PO Box 149 Attica, NY 14011 on 10/12/2018 Re: #6 Order of Service, via REGULAR MAIL. 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 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. (sbr) (Entered: 10/12/2018)

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  • 10/12/2018
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  • FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 10/12/2018 Re: Judge Nelson Stephen Roman #6 Order of Service. The following document(s) were enclosed in the Service Package: Summons, IFP, Order of Service, Complaint. (sbr) (Entered: 10/12/2018)

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  • 10/12/2018
  • SUMMONS ISSUED as to All Defendants. (sbr) (Entered: 10/12/2018)

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  • 10/10/2018
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  • (#6) ORDER OF SERVICE: The Court directs the Clerk of Court to mail a copy of this order to Plaintiff, together with an information package. The Court dismisses Plaintiff's claims against the Westchester County Department of Corrections. The Court also directs the Clerk of Court to add the County of Westchester as a defendant. See Fed. R. Civ. P. 21. The Court further directs the Clerk of Court to complete USM-285 forms with the addresses for Defendants Vollmer, Curry, Rodrigues, Holoran, Olivo, Archer, McWilliams, Allen, Torres, and County of Westchester and deliver all documents necessary to effect service on these defendants to the U.S. Marshals Service. 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. County Of Westchester added. Westchester County Department of Corrections (in their individual and official capacities) terminated. (Signed by Judge Nelson Stephen Roman on 10/10/2018) (ne) Transmission to Docket Assistant Clerk for processing. (Entered: 10/10/2018)

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  • 10/06/2018
  • CASE ACCEPTED AS RELATED. Create association to 7:18-cv-04198-NSR. Notice of Assignment to follow. (wb) (Entered: 10/06/2018)

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  • 10/06/2018
  • Magistrate Judge Lisa M. Smith is so designated. 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: #http://nysd.uscourts.gov/forms.php. (wb) (Entered: 10/06/2018)

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  • 10/06/2018
  • NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Unassigned is no longer assigned to the case. (wb) (Entered: 10/06/2018)

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  • 09/27/2018
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  • Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Angelo Carzoglio DIN No. 18-A-0399 Attica Correctional Facility 639 Exchange Street P.O. Box 149 Attica, NY 14011-0149; Superintendent Attica Correctional Facility 639 Exchange St Attica, New York 14011-0149. (aea) (Entered: 09/27/2018)

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  • 09/26/2018
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  • (#4) ORDER GRANTING IFP APPLICATION IN PRISONER CASE: Plaintiff's application for leave to proceed without prepayment of fees is granted. A prisoner bringing a civil action is required to pay the full $350 filing fee even when proceeding in forma pauperis (IFP), that is, without prepayment of fees.... The Court must collect, when funds exist in a prisoner's account, an initial partial filing fee plus monthly payments. 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 statements 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. The Clerk of Court is also directed to send a copy of this order to Plaintiff and note service on the docket. 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 Colleen McMahon on 9/26/2018) (sac) Transmission to Docket Assistant Clerk for processing. (Entered: 09/26/2018)

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  • 08/23/2018
  • Case Designated ECF. (sac) (Entered: 08/27/2018)

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  • 08/23/2018
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  • (#3) PRISONER AUTHORIZATION. Document filed by Angelo Carzoglio.(sac) (Entered: 08/27/2018)

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  • 08/23/2018
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  • (#2) COMPLAINT against B. Allen, Archer, Curry, Holoran, McWilliams, Olivo, Rodrigues, Torres, Karl Vollmer, Westchester County Department of Corrections. Document filed by Angelo Carzoglio.(sac) (Entered: 08/27/2018)

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  • 08/23/2018
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  • (#1) REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Angelo Carzoglio.(sac) (Entered: 08/27/2018)

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