Taylor v. Cherverko et al
Alfonzo Taylor |
Kevin Cherverko, Leandro Diaz, Raul Ulloa and Michael Kelly |
1:2015cv00444 |
January 21, 2015 |
US District Court for the Southern District of New York |
Foley Square Office |
Westchester |
Unassigned |
Prison Condition |
42 U.S.C. ยง 1983 |
Plaintiff |
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Filing 27 OPINION AND ORDER: Defendants' motion to dismiss is GRANTED as to all claims against defendants Cheverko and Diaz. As to defendants Ulloa and Kelly, the motion is (i) DENIED as to the claims for constitutionally inadequate medical treatment a nd medical malpractice with respect to plaintiff's right knee, and (ii) GRANTED as to all other claims. It is not clear whether plaintiff intends to pursue this case. The Court has received no correspondence from plaintiff since March 18, 201 5 (Doc. #9), even after the Court ordered plaintiff to notify the Court regarding whether he intended to file an amended complaint (Doc. #20), and plaintiff failed to oppose the instant motion. Plaintiff, and counsel for defendants Ulloa and Kelly, a re directed to attend a status conference on February 4, 2016, at 11:00 a.m., at the United States Courthouse, 300 Quarropas Street, Room 620, White Plains, New York 10601. If plaintiff fails to do so, the Court may dismiss his case for failure to pr osecute or to comply with a court order. Fed. R. Civ. P. 41(b). The Clerk is directed to terminate defendants Kevin Cheverko (i/s/h/a "Cherverko") and Leandro Diaz from this action, and to terminate the motion. (Doc. #15). The Court certi fies 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). (Signed by Judge Vincent L. Briccetti on 1/4/2016) Copies Mailed By Chambers(rj) |
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