Acevedo v. Wilson et al
| Andres J. Acevedo |
| Debbie Wilson and Ruiz |
| 3:2016cv01967 |
| December 1, 2016 |
| US District Court for the District of Connecticut |
| New Haven Office |
| New Haven |
| Jeffrey A. Meyer |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
46
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT. For the reasons stated in the attached order, defendant's unopposed motion for summary judgment (Doc. # 37 ) is GRANTED. The Clerk is directed to close this case. It is so ordered. Signed by Judge Jeffrey A. Meyer on 12/28/2017. (Zuckier, C.)
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Filing
7
INITIAL REVIEW ORDER: For the reasons set forth in the attached ruling, the Court enters the following orders: (1) The complaint will proceed on the deliberate indifference claim against defendant Wilson. Plaintiff's claim against defendant Ruiz is DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1). If plaintiff wishes to replead the claim against defendant Ruiz, he may file an amended complaint within thirty (30) days of the date of this order. Any amended complaint should include all of plaintiff's claims that he wishes to pursue (e.g., the amended complaint should also include the claim against defendant Wilson).(2) The Clerk shall verify the current work address of defendant Wilson with the Department of Correction Off ice of Legal Affairs, mail a waiver of service of process request packet to her at the confirmed address within twenty-one (21) days of this Order, and report to the Court on the status of the waiver request on the thirty-fifth (35) day after mailing . If the defendant fails to return the waiver request, the Clerk shall make arrangements for in-person service by the U.S. Marshals Service on the defendant in her individual capacity and the defendant shall be required to pay the costs of such servi ce in accordance with Federal Rule of Civil Procedure 4(d).(3) The Clerk shall prepare a summons form and send an official capacity service packet to the U.S. Marshal Service. The U.S. Marshal is directed to effect service of the complaint on def endant Wilson in her official capacity at the Office of the Attorney General, 55 Elm Street, Hartford, CT 06141, within twenty-one (21) days from the date of this order and to file a return of service within thirty (30) days from the date of this ord er.(4) The Clerk shall send written notice to plaintiff of the status of this action, along with a copy of this Order.(5) The Clerk shall send a courtesy copy of the Complaint and this Ruling and Order to the Connecticut Attorney General and the Department of Correction Office of Legal Affairs.(6) On or before February 9, 2017, defendant shall file a response to plaintiff's request for a preliminary injunction, showing why the relief requested should not be granted.(7) Defen dant shall file her response to the complaint, either an answer or motion to dismiss, within sixty (60) days from the date the waiver form is sent. If she chooses to file an answer, she shall admit or deny the allegations and respond to the cognizabl e claim recited above. She also may include any and all additional defenses permitted by the Federal Rules.(8) Discovery, pursuant to Federal Rules of Civil Procedure 26 through 37, shall be completed within seven months (210 days) from the date of this order. Discovery requests need not be filed with the court.(9) All motions for summary judgment shall be filed within eight months (240 days) from the date of this order.(10) Pursuant to Local Civil Rule 7(a), a nonmoving party must r espond to a dispositive motion within twenty-one (21) days of the date the motion was filed. If no response is filed, or the response is not timely, the dispositive motion can be granted absent objection.(11) If plaintiff changes his address at a ny time during the litigation of this case, Local Court Rule 83.1(c)2 provides that the 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 nu mbers in the notification of change of address. Plaintiff should also notify the defendant or the attorney for the defendant of his new address. (12) Plaintiff shall utilize the Prisoner Efiling Program when filing documents with the court. It is so ordered. Signed by Judge Jeffrey A. Meyer on 1/9/2017. (Levenson, C.)
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