Rojas v. Ruiz et al
| Agustin Morales Rojas |
| Ricardo Ruiz and Samuel Berkowitz |
| 3:2017cv01434 |
| August 24, 2017 |
| US District Court for the District of Connecticut |
| New Haven Office |
| New Haven |
| Michael P. Shea |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
26
ORDER: For the reasons set forth in the attached, the defendants' 16 motion for summary judgment is GRANTED. The Clerk is directed to enter judgment for the defendants and close this case. Signed by Judge Michael P. Shea on 3/4/3019. (Ram, Megha)
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Filing
7
ORDER. For the reasons set forth in the attached, the Court sets out the following orders. (1) The section 1983 claims for monetary damages against both defendants in their official capacities and the state law negligence claims against bo th defendants in their individual and official capacities are DISMISSED pursuant to 28 U.S.C. § 1915A(b)(2). The Eighth Amendment deliberate indifference to medical needs claims will proceed against Dr. Ruiz and Dr. Berkowitz in their individua l and official capacities. (2) Within twenty-one (21) days of this Order, the Clerk shall prepare a summons form and send an official capacity service packet to the U.S. Marshal's Service. The U.S. Marshals Service shall serve the sum mons, a copy of the complaint and this order on the defendants in their official capacities by delivering the necessary documents in person to the Office of the Attorney General, 55 Elm Street, Hartford, CT 06141.(3) Within twenty-one (21) da ys of this Order, the Clerk shall ascertain from the Department of Correction Office of Legal Affairs the current work addresses for Dr. Ricardo Ruiz and Dr. Samuel Berkowitz and mail a copy of the complaint, this order and a waiver of service of pro cess 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 each request. If any defendant fails to return the waiv er 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 shal l 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 sha ll 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.(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 ord er.(7) The Pro Se Prisoner Litigation Office shall send a courtesy copy of the complaint and this order to the Connecticut Attorney General and the Department of Correction Legal Affairs Unit. Signed by Judge Michael P. Shea on 1/12/2018. (Self, A.)
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