Avent v. Estervez et al

Filing 6

ORDER: The Clerk of Court is directed to mail a copy of this order to Plaintiff at his address of record and at his prior address: 2363 Adam Clayton Powell Jr. Blvd Apt. 5J New York, NY 10030. It is Plaintiff's obligation to provide the Court with an address for mail service, see Fed. R. Civ. P. 11(a), and he has not provided an address where he can be served. The Court therefore directs Plaintiff, within thirty days, to provide the Court with his new mailing address. The Court will di smiss this action without prejudice if Plaintiff fails to provide the Court with an address for service. If Plaintiff wishes to consent to electronic service, Plaintiff should fill out the Consent & Registration Form to Receive Documents Electronically, a copy of which is attached to this order. (Signed by Judge Colleen McMahon on 4/16/2020) (sac) Transmission to Docket Assistant Clerk for processing.

Case 1:20-cv-01197-LLS Document 6 Filed 04/16/20 Page 1 of 5

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
REUBEN AVENT,
Plaintiff,
20-CV-1197 (CM)
-againstORDER
P.O. ESTERVEZ, et al.,
Defendants.
COLLEEN MCMAHON, Chief United States District Judge:
Plaintiff Reuben Avent was not a prisoner when he filed this action, but on March 10,
2020, he notified the Court of his new mailing address at the Otis Bantum Correctional Center on
Rikers Island. (ECF No. 5). Public records of the New York City Department of Correction
(DOC) reflect, however, that on March 16, 2020, Plaintiff was released from DOC custody.
It is Plaintiff’s obligation to provide the Court with an address for mail service, see Fed.
R. Civ. P. 11(a), but he has not done so. The Court therefore directs Plaintiff, within thirty days,
to provide the Court with his new mailing address. The Court will dismiss this action without
prejudice if Plaintiff fails to provide the Court with an address for service.
In light of the outbreak of COVID-19 (coronavirus), the efforts to prevent its further
spread, and the restrictions ordered by the Governor of New York, the Court’s normal process
for mailing court orders and other court notices to pro se parties will be delayed. The process for
opening, scanning, and docketing mail will also be delayed.
Plaintiff is encouraged, if possible, to consent to receiving notices of electronic case
filings (NEF) electronically, through notifications from the Court’s Electronic Case Filing (ECF)
system sent to his email address. This would allow the Court to provide Plaintiff with NEFs
more quickly and reliably. Plaintiff will also electronically receive documents filed by other

Case 1:20-cv-01197-LLS Document 6 Filed 04/16/20 Page 2 of 5

parties. If Plaintiff consents to receive filings electronically, Plaintiff will no longer receive the
same documents in the mail.
If Plaintiff wishes to consent to electronic service, Plaintiff should fill out the Consent &
Registration Form to Receive Documents Electronically, which is available at
https://nysd.uscourts.gov/sites/default/files/2018-06/proseconsentecfnotice-final.pdf and also
attached to this Order, and return the signed form in PDF format to
[e-mail].
Plaintiff may also wish to submit documents for filing by emailing documents to the
Clerk’s Office instead of mailing them. Plaintiff may do that using the same
[e-mail] email address.
CONCLUSION
The Clerk of Court is directed to mail a copy of this order to Plaintiff at his address of
record and at his prior address: 2363 Adam Clayton Powell Jr. Blvd Apt. 5J New York, NY
10030.
It is Plaintiff’s obligation to provide the Court with an address for mail service, see Fed.
R. Civ. P. 11(a), and he has not provided an address where he can be served. The Court therefore
directs Plaintiff, within thirty days, to provide the Court with his new mailing address. The Court
will dismiss this action without prejudice if Plaintiff fails to provide the Court with an address
for service.

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Case 1:20-cv-01197-LLS Document 6 Filed 04/16/20 Page 3 of 5

If Plaintiff wishes to consent to electronic service, Plaintiff should fill out the Consent &
Registration Form to Receive Documents Electronically, a copy of which is attached to this
order.
SO ORDERED.
Dated:

April 16, 2020
New York, New York

COLLEEN McMAHON
Chief United States District Judge

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Case 1:20-cv-01197-LLS Document 6 Filed 04/16/20 Page 4 of 5

United States District Court
Southern District of New York

Pro Se (Nonprisoner) Consent to Receive Documents Electronically

Parties who are not represented by an attorney and are not currently incarcerated may
choose to receive documents in their cases electronically (by e-mail) instead of by regular
mail. Receiving documents by regular mail is still an option, but if you would rather receive
them only electronically, you must do the following:
1. Sign up for a PACER login and password by contacting PACER 1 at
www.pacer.uscourts.gov or 1-800-676-6856;
2. Complete and sign this form.

If you consent to receive documents electronically, you will receive a Notice of Electronic
Filing by e-mail each time a document is filed in your case. After receiving the notice, you
are permitted one “free look” at the document by clicking on the hyperlinked document
number in the e-mail. 2 Once you click the hyperlink and access the document, you may not
be able to access the document for free again. After 15 days, the hyperlink will no longer
provide free access. Any time that the hyperlink is accessed after the first “free look” or the
15 days, you will be asked for a PACER login and may be charged to view the document. For
this reason, you should print or save the document during the “free look” to avoid future
charges.
Under Rule 5 of the Federal Rules of Civil Procedure, Local Civil Rule 5.2, and the Court’s
Electronic Case Filing Rules & Instructions, documents may be served by electronic means.
If you register for electronic service:

IMPORTANT NOTICE

1. You will no longer receive documents in the mail;

2. If you do not view and download your documents during your “free look” and
within 15 days of when the court sends the e-mail notice, you will be charged for
looking at the documents;
3. This service does not allow you to electronically file your documents;
4. It will be your duty to regularly review the docket sheet of the case. 3

Public Access to Court Electronic Records (PACER) (www.pacer.uscourts.gov) is an electronic public access service that
allows users to obtain case and docket information from federal appellate, district, and bankruptcy courts, and the PACER
Case Locator over the internet.
1

You must review the Court’s actual order, decree, or judgment and not rely on the description in the email notice alone.
See ECF Rule 4.3

2

The docket sheet is the official record of all filings in a case. You can view the docket sheet, including images of
electronically filed documents, using PACER or you can use one of the public access computers available in the Clerk’s
Office at the Court.

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500 PEARL STREET | NEW YORK, NY 10007
300 QUARROPAS STREET | WHITE PLAINS, NY 10601
PRO SE INTAKE UNIT: 212-805-0175

rev. 2/9/15

Case 1:20-cv-01197-LLS Document 6 Filed 04/16/20 Page 5 of 5

I hereby consent to receive electronic service of notices and documents in my case(s) listed below. I
affirm that:

CONSENT TO ELECTRONIC SERVICE

1. I have regular access to my e-mail account and to the internet and will check regularly for
Notices of Electronic Filing;
2. I have established a PACER account;

3. I understand that electronic service is service under Rule 5 of the Federal Rules of Civil
Procedure and Rule 5.2 of the Local Civil Rules, and that I will no longer receive paper
copies of case filings, including motions, decisions, orders, and other documents;

4. I will promptly notify the Court if there is any change in my personal data, such as name,
address, or e-mail address, or if I wish to cancel this consent to electronic service;

5. I understand that I must regularly review the docket sheet of my case so that I do not miss a
filing; and

6. I understand that this consent applies only to the cases listed below and that if I file
additional cases in which I would like to receive electronic service of notices of documents, I
must file consent forms for those cases.
Note: This consent will apply to all cases that you have filed in this court, so please list all of
your pending and terminated cases. For each case, include the case name and docket number
(for example, John Doe v. New City, 10-CV-01234).

Civil case(s) filed in the Southern District of New York:

Name (Last, First, MI)
Address

Telephone Number
Date

Pro Se Intake Unit (Room 200)
500 Pearl Street
New York, NY 10007
Return completed form to:

City

State

E-mail Address
Signature

Zip Code