Bridges v. The State of New York Correctional Services et al
| Donnell Bridges |
| The State of New York Correctional Services, Mount Vernon Hospital, The City of Mount Vernon, Janis, Thomas Griffin, Arcl.koenismann, F. Bernstein, Y. Korobova, R. Bentivegna, M.D., E. Pagan and Dawn Osselmann |
| 1:2017cv02220 |
| March 27, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Colleen McMahon |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
125
CLERK'S JUDGMENT re: 124 Memorandum & Opinion in favor of Arcl.koenismann, Janis, Montefiore Mount Vernon Hospital, The State of New York Correctional Services, Dawn Osselmann, Dr. Pennsylvania, E. Pagan, F. Bernstein, R. Bentivegna, MD, Thomas Griffin, Y. Korobova against Donnell Bridges. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated May 12, 2022, Defendants' motions to dismiss are GRANTED and pro se Plaintiff's Second Amended Complaint is DISMISSED in its entirety without leave to replead; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 5/16/2022) (Attachments: # 1 Right to Appeal) (km)
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Filing
124
OPINION & ORDER re: 117 MOTION to Dismiss (Notice of State Defendants' Motion to Dismiss) filed by Arcl.koenismann, R. Bentivegna, M.D., F. Bernstein, Dawn Osselmann, The State of New York Correctional Services, Thomas Grif fin, E. Pagan, Janis, Y. Korobova, 109 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Montefiore Mount Vernon Hospital. For the foregoing reasons, the Court GRANTS Defendants' motions to dismiss (EC F Nos. 109 & 117) and DISMISSES pro se Plaintiff's Second Amended Complaint in its entirety without leave to replead. The Clerk of Court is respectfully directed to terminate the motions at ECF Nos. 109 and 117, to enter judgment accordingly, and to close the case. The Clerk of Court is also directed to mail a copy of this Opinion and Order to pro se Plaintiff at his address listed on ECF and to show service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 5/12/2022) (vfr) Transmission to Orders and Judgments Clerk for processing.
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Filing
123
OPINION & ORDER re: 122 MOTION to Appoint Counsel filed by Donnell Bridges. Therefore, because the Court does not find any circumstances which warrant the appointment of pro bono counsel at this time, Plaintiff's motion must be denied w ithout prejudice to renew it at a later stage in the proceedings. For the foregoing reasons, Plaintiff's motion for appointment of counsel is DENIED without prejudice. The Clerk of the Court is kindly directed to terminate ECF No. 122. The Cou rt of the Clerk is further directed to mail a copy of this Opinion and Order to the pro se Plaintiff at the address listed on ECF and file proof of service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 10/4/2021) (mml) Transmission to Docket Assistant Clerk for processing.
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Filing
97
OPINION & ORDER re: 96 LETTER MOTION for Conference (State defendants respectfully submit this letter in anticipation of a motion to dismiss the Amended Complaint (AC) and respectfully request either a pre-motion conference or a briefing schedule on the matter) ad filed by Arcl.koenismann, R. Bentivegna, M.D., F. Bernstein, Dawn Osselmann, Thomas Griffin, E. Pagan, Janis, Y. Korobova., For the foregoing reasons, Plaintiffs motions for appointment of counsel, to compel discovery, and for summary judgment are DENIED without prejudice. Mt. Vernon Hospital's request for an order terminating it from this action is also DENIED without prejudice. Plaintiff is directed to file a Second Amended Complaint naming all parties that he seeks to assert claims against on or before December 30, 2020. Regardless of whether Plaintiff files a second amended complaint, Defendants (including the previously named defendants) are directed to serve their motions to dismiss a ccording to the briefing schedule set forth herein. Finally, Plaintiff is directed to show cause as to why this Court should not dismiss "Dr. Pennsylvania," on or before December 30, 2020. The Clerk of the Court is kindly directed to term inate ECF No. 96. The Court of the Clerk is further directed to mail a copy of this Opinion and Order to the pro se Plaintiff at the address listed on ECF and file proof of service on the docket. (Amended Pleadings due by 12/30/2020.) (Signed by Judge Nelson Stephen Roman on 11/24/2020) (rro) Transmission to Docket Assistant Clerk for processing.
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Filing
82
OPINION & ORDER re: 73 MOTION to Dismiss . filed by Montefiore Mount Vernon Hospital, 79 MOTION to Dismiss (Notice of State Defendants' Motion to Dismiss). filed by Arcl.koenismann, R. Bentivegna, M.D., F. Berns tein, Dawn Osselmann, The State of New York Correctional Services, Thomas Griffin, E. Pagan, Janis, Y. Korobova. For the foregoing reasons, Defendants' motions are GRANTED as follows: (1) Plaintiff's claim for deliberate indifferen ce to his medical needs as against Pagan, Dr. Janis, Dr Bentivegna, Dr. Bernstein, Dr. Korobova, Dr. Koenigsmann, Dr. Pennsylvania, Osselmann, and Supt. Griffin, in their official capacity, as well as DOCCS, is dismissed with prejudice; (2) Plaint iff's claim for deliberate indifference to his medical needs as against Pagan, Dr. Janis, Dr Bentivegna, Dr. Bernstein, Dr. Korobova, Dr. Koenigsmann, Dr. Pennsylvania, Osselmann, and Supt. Griffin, in their individual capacity, is dismissed w ithout prejudice to renew; (3) Plaintiff's medical malpractice claim against Dr. Janis and Mt. Vernon Hospital is dismissed with prejudice; (4) Plaintiff's medical malpractice claim against Dr. Korobova is dismissed without prejudice; ( 5) Plaintiff's Fourteenth Amendment claim is dismissed without prejudice; and (6) Plaintiff's ADA claim against Supt. Griffin and Osselman is dismissed with prejudice. Plaintiff shall have until July 15, 2020 to file an amended complaint consistent with this Opinion and Order. Failure to timely comply may result in the dismissal, with prejudice, of all claims asserted. The Clerk of Court is respectfully directed to terminate the motions at ECF Nos. 73 & 79. Defendants are directed to mail a copy of this Opinion and Order to Plaintiff at his address listed on the docket, and to file proof of service., Amended Pleadings due by 7/15/2020. (Signed by Judge Nelson Stephen Roman on 5/12/2020) (rj)
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Filing
70
OPINION AND ORDER re: 69 MOTION for Summary Judgment. APPLICATION for the Court to Request Counsel. filed by Donnell Bridges, 68 MOTION for Injunction. filed by Donnell Bridges. For the foregoing reasons, Plaintiff's motions are DENIED without prejudice. The Clerk of the Court is respectfully directed to terminate the motion at ECF Nos. 68 and 69, mail a copy of this Opinion to Plaintiff at his address listed on the docket, and show proof of service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 4/2/2019) (kv) Transmission to Docket Assistant Clerk for processing.
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Filing
67
OPINION & ORDER re: 65 MOTION to Appoint Counsel. filed by Donnell Bridges, 64 MOTION. filed by Donnell Bridges. For the foregoing reasons, Plaintiff's motion for the appointment of pro bono counsel is DENIED without prejudice. Addi tionally, the Court DENIES Plaintiff's motion for disqualification. The Clerk of the Court is respectfully directed to terminate the motion at ECF Nos. 64 and 65, mail a copy of this Opinion to Plaintiff at his address listed on the docket, and show proof of service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 3/12/2019) (rj) Transmission to Docket Assistant Clerk for processing.
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Filing
63
OPINION & ORDER re: 61 LETTER MOTION to Compel addressed to Judge Nelson Stephen Roman from Donnell Bridges dated 11/13/2018. filed by Donnell Bridges, 60 LETTER MOTION to Compel addressed to Judge Nelson Stephen Roman from Don nell Bridges dated 11/13/2018. filed by Donnell Bridges. For the foregoing reasons, Plaintiff's motion for disqualification and cross motion for summary judgment is DENIED. Additionally, the Court DENIES Plaintiff's request for sanctions . The Clerk of the Court is respectfully directed to terminate the motion at ECF Nos. 60 & 61, mail a copy of this Opinion to Plaintiff at his address listed on the docket, and show proof of service on the docket. (Signed by Judge Nelson Stephen Roman on 2/25/2019) (rro) Transmission to Docket Assistant Clerk for processing.
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