Hannon v. Maldonado et al
| Michael Hannon |
| Edward Maldonado, Sandra Barone, Gary Wright, Miller and Correctional Managed Health Care |
| 3:2015cv00426 |
| March 24, 2015 |
| US District Court for the District of Connecticut |
| New Haven Office |
| Tolland |
| Jeffrey A. Meyer |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
9
INITIAL REVIEW ORDER PURSUANT TO 28 U.S.C. § 1915A. For the reasons set forth in the attached ruling, the Court enters the following orders:(1) The cases, No. 15-cv-426 (JAM) and No. 15-cv-446 (JAM) are CONSOLIDATED. The Motion for Or der to Show Cause (No. 15-cv-446, Doc. # 7 ) is DENIED. All claims against Olive Scott and Correctional Managed Health Care are DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1). The Eighth Amendment claims regarding conditions of conf inement at Osborn from January to March 2015 will proceed against Maldonado, Semple, Wright, and Barone in their individual capacities, the First Amendment retaliation claim will proceed against Maldonado and Barone in their individual capacities, an d the Eighth Amendment claim of deliberate indifference to the plaintiffs Hepatitis C condition will proceed against Furey in his individual capacity.(2) The Court observes that the plaintiff mentions Officers Hunter, Gardner, King, and Cosmer, L ieutenants Brown and Strange, Unit Manager Devonia Long, Captain Manning, Nurse Beth Shaw, and Dr. Bretton in the body of the complaint. Those individuals, however, are not listed in the caption of the complaint. As such, they are not defendants in t his action. See Fed. R. Civ. P. 10(a).(3) Within twenty-one (21) days of this Order, the Clerk shall ascertain from the Department of Correction Office of Legal Affairs the current work address for each of the following defendants: Edward Maldonado, Scott Semple, Sandra Barone, Gary Wright, and Richard Furey and mail a waiver of service of process request packet to each defendant in his or her individual capacity at his or her current work address. On the thirty-fifth (35th) da y after mailing, the Clerk shall report to the Court on the status of all the requests. If any defendant fails to return the waiver request, the Clerk shall make arrangements for in-person service by the U.S. Marshals Service and the defendant shall be required to pay the costs of such service in accordance with Federal Rule of Civil Procedure 4(d).(4) Defendants Maldonado, Semple, Wright, Barone, and Furey shall file their response to the complaint, either an answer or motion to dismiss, within sixty (60) days from the date the notice of lawsuit and waiver of service of summons forms are mailed to them. If the defendants choose to file an answer, they shall admit or deny the allegations and respond to the cognizable claims recit ed above. They may also include any and all additional defenses permitted by the Federal Rules.(5) Discovery, pursuant to Federal Rules of Civil Procedure 26 through 37, shall be completed within six months (180 days) from the date of this order. Discovery requests need not be filed with the Court.(6) All motions for summary judgment shall be filed within seven months (210 days) from the date of this order. (7) The Department of Correction Offender Information Search in dicates that plaintiff has been paroled. Accordingly, an in-person scheduling conference, at which plaintiff and counsel for defendants must appear, will be held on Tuesday, April 4, 2017, at 3:00 p.m. in Courtroom Three, 141 Church Street, Ne w Haven, Connecticut.(8) Plaintiff shall advise the Court of his current address. If plaintiff changes his address at any time during the litigation of this case, Local Court Rule 83.1(c)2 provides that plaintiff MUST notify the court. Failure to do so can result in the dismissal of the case. Plaintiff must give notice of a new address even if he is incarcerated. Plaintiff should write PLEASE NOTE MY NEW ADDRESS on the notice. It is not enough to just put the new address on a letter without indicating that it is a new address. If plaintiff has more than one pending case, he should indicate all of the case numbers in the notification of change of address. Plaintiff should also notify defendants or the attorney for defendants of his new address.It is so ordered. Signed by Judge Jeffrey A. Meyer on 12/29/2016. (Gruber, Sarah)
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