Currytto v. Doe et al
| Kevin W. Currytto |
| John Doe, Murphy, Grant, Cyr, Williams, Long, Chapdelaine, J. Wright, Bretton, R. Fury, Gaw, Tiffany Dyle, Sharon Beckford, H. O'Connor, Chris Doe, Leonard Sanmrico, Jane Doe and Vicki Sara Blumberg |
| 3:2018cv00808 |
| May 11, 2018 |
| US District Court for the District of Connecticut |
| New Haven Office |
| Tolland |
| Michael P. Shea |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
27
ORDER. For the reasons set forth in the attached, the Court hereby issues the following orders:(1)The plaintiff's motion to amend his complaint [Doc.#19] is GRANTED. The clerk is directed to reopen this case and docket the amended comp laint [Doc.#19-1] as a separate entry. (2)The case may proceed on the Eighth Amendment claim for deliberate indifference to serious medical needs against defendants Furey, Breton, Wright, O'Connor, Dyle, Beckford, and Santarrico in thei r individual capacities for damages and in their official capacities for injunctive relief. The claim against defendants Blumberg, Jane Doe 1, Jane Doe 2, Jane Doe 3, John Doe, Chris Doe, St. John, and Barr is dismissed. The clerk is directed to te rminate Correction Officers John Does 1-6, Murphy, Grant, Cyr, Williams, Lieutenants John Does 1-3, Long, Chapdelaine, Gaw, Chris Doe, and Jane Doe as defendants to this action.(3)The clerk shall verify the current work addresses for Furey, B reton, Wright, OConnor, Dyle, Beckford, and Santarrico with the DOC Office of Legal Affairs, mail a waiver of service of process request packet containing the amended complaint to them at the confirmed addresses within twenty-one (21) days of this order, and report to the Court on the status of the waiver requests on the thirty-fifth (35) day after mailing. If any defendant fails to return the waiver request, the clerk shall make arrangements for in-person service by the U.S. Mars hal Service on him/her, and he/she shall be required to pay the costs of such service in accordance with Fed. R. Civ. P. 4(d).(4)The clerk shall prepare a summons form and send an official capacity service packet containing the amended compla int to the United States Marshals Service. The United States Marshal Service shall, within twenty-one (21) days of the date of this order, serve the documents on the defendants in their official capacities by delivering them to the Office of the Attorney General, 55 Elm Street, Hartford, Connecticut 06141, and file a return of service within thirty (30) days from the date of this order.(5)The defendants shall file their response to the amended complaint, either an answer o r 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 recited above. They may also include any and all additional defenses permitted by the Federal Rules of Civil Procedure. In conjunction with their answer, the defendants must also file a written response to the plaintiffs motio n for preliminary injunctive relief [Doc.#21].(6)Discovery, pursuant to Fed. R. Civ. P. 26-37, shall be completed within six months (180 days) from the date of this order. Discovery requests need not be filed with the Court.(7)All motions for summary judgment shall be filed within seven months (210 days) from the date of this order.(8)The plaintiff's motion for appointment of counsel [Doc.#20] is DENIED without prejudice subject to refiling at a later stage of litigation. Signed by Judge Michael P. Shea on 10/9/2018. (Self, A.)
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Filing
15
ORDER. For the reasons set forth in the attached, the Court hereby issues the following orders:(1)The complaint is hereby dismissed without prejudice. The plaintiff may, within thirty (30) days of the date of this order, submit an am ended complaint alleging facts in support of one of the aforementioned causes of action. The plaintiff may pursue other unrelated claims in a separate action. Failure to comply with these instructions may result in dismissal of the case with prejudice.(2)The plaintiff's motions for preliminary injunctive relief (ECF Nos. 8, 12) and motion to strike (ECF No. 11) are DENIED as moot. The plaintiff may file a new motion for a preliminary injunction in a new action setting forth a cause of action related to that motion.Signed by Judge Michael P. Shea on 7/10/2018. (Self, A.)
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