Ayuso v. Simple et al
| Geovanni Ayuso |
| Scott Simple, Edward Maldenado, Christine Whidden, John Aldi, William Mulligan, William Faneuff, Rodrigez, Congelos, Roy, Legassy and Michaud |
| 3:2018cv00116 |
| January 19, 2018 |
| US District Court for the District of Connecticut |
| New Haven Office |
| Hartford |
| 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 allows Ayuso's Eighth Amendment claim for deliberate indifference to safety and serious medical needs to proceed against defenda nts Faneuff and Rodriguez in their individual capacities only. All other claims and defendants are dismissed pursuant to 28 U.S.C. § 1915A(b) for failure to allege facts that give rise to plausible grounds for relief. The Court enters the follow ing orders:(1) The Clerk shall verify the current work addresses of defendants Faneuff and Rodriguez, mail a waiver of service of process request packet to these two defendants at the address provided within twenty-one (21) days of this Order, and report to the Court on the status of those waiver requests on the thirty-fifth day after mailing. If either defendant fails to return the waiver request, the Clerk shall make arrangements for in-person service by the U.S. Marshals Ser vice on the defendant in his or her individual capacity and the defendant shall be required to pay the costs of such service in accordance with Federal Rule of Civil Procedure 4(d).(2) The Clerk shall send plaintiff a copy of this Order. < br>(3) The Clerk shall send a courtesy copy of the Complaint and this Order to the Connecticut Attorney General and the Department of Correction Office of Legal Affairs.(4) Defendants Faneuff and Rodriguez shall file his response to the co mplaint, either an answer or motion to dismiss, within sixty (60) days from the date the waiver forms are sent. If they choose to file an answer, they shall admit or deny the allegations and respond to the cognizable claim recited above. They also may 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 by January 14, 2020. Discovery requests need not be filed with th e Court.(6) All motions for summary judgment shall be filed by February 14, 2020.(7) 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 response is not timely, the dispositive motion can be granted absent objection.(8) If plaintiff changes his address at any time during the litigation of this case, Local Court Rule 83.1(c)2 provides that plaintif f 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 t he 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 the defendant or th e attorney for the defendant of his new address.(9) Plaintiff shall utilize the Prisoner Efiling Program when filing documents with the Court. Plaintiff is advised that the Program may be used only to file documents with the court. As local court rules provide that discovery requests are not filed with the Court, discovery requests must be served on defendant's counsel by regular mail.It is so ordered. Signed by Judge Jeffrey A. Meyer on 6/14/2019. (Sokoloff-Rubin, E.)
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