Moore v. Murray et al
||Murray and Atkins
||December 8, 2016
||US District Court for the District of Connecticut
||New Haven Office
||Jeffrey A. Meyer
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
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|January 27, 2017
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 claims against defendant Atkins for deliberate indifference to a serious medical need, excessive f orce, and retaliation, and the claim against defendant Murray for the use of excessive force. (2) Within twenty-one (21) days of this Order, the Clerk shall ascertain from the Department of Correction Office of Legal Affairs the current work addr ess for each defendant and mail a waiver of service of process request packet to each defendant in his individual capacity at his current work address. On the thirty-fifth (35th) day after mailing, the Clerk shall report to the court on the status of all the requests. If either 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 Fe deral Rule of Civil Procedure 4(d).(3) Each defendant shall file his 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 defendants choose to file an answer, they shall admit or deny the allegations and respond to the cognizable claims recited above. They may also include any and all additional defenses permitted by the Federal Rules.(4) Discovery, pursua nt 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.(5) All motions for summary judgment shall be filed within e ight months (240 days) from the date of this Order. (6) Pursuant to Local Civil Rule 7(a), a nonmoving party must respond to a dispositive motion within twenty-one (21) days of the date the motion was filed. If no response is filed, or the respo nse is not timely, the dispositive motion can be granted absent objection.(7) 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 indi cating 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. (8) Plaintiff shall utilize the Prisoner Efiling Program when filing documents in this case. It is so ordered. Signed by Judge Jeffrey A. Meyer on 1/27/2017.(Levenson, C.)
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