Jordan v. Department of Corrections et al
Case Number: 3:2023cv00855
Filed: October 6, 2023
Court: US District Court for the District of Connecticut
Office: New Haven Office
Nature of Suit: Prisoner Petitions - Prison Conditions
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights

Available Case Documents

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Date Filed Document Text
October 25, 2024 Opinion or Order Filing 35 ORDER granting in part and denying in part 33 Motion to Strike. For the reasons set forth in the attached Ruling and Order, the Defendants' motion to strike, ECF No. 33 , is GRANTED as to the request to strike all allegations relating to claims and defendants dismissed on initial review and DENIED as to the request for more definite statement.Mr. Jordan is directed to file a Third Amended Complaint which includes only the ADA and RA claims asserted against the De partment of Correction and the Eighth Amendment deliberate indifference claims against Defendants Guerra and Dave. Mr. Jordan shall file his Third Amended Complaint on or before November 22, 2024. If the Third Amended Complaint does not com ply with this Court's order, it may be subject to dismissal. See Fed.R.Civ.P.41(b) ("If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it. Unless the dismissal order states otherwise, a dismissal under this subdivision (b)... operates as an adjudication on the merits.").Signed by Judge Victor A. Bolden on 10/25/2024. (Cunningham, A)
October 6, 2023 Opinion or Order Filing 10 INITIAL REVIEW ORDER. For the reasons described in the attached ruling and order, the case will proceed on Eighth Amendment claims for deliberate indifference to medical and mental health needs against Officer Guerrera and RN Dave. All claims except the Eighth Amendment claims are DISMISSED under 28 U.S.C. § 1915A(b)(1).Mr. Jordan may file an Amended Complaint if he wishes to correct the deficiencies in his Americans with Disabilities Act and Rehabilitation Act claims. Any Amended Complaint shall include only these two claims against the Department of Correction, and the Eighth Amendment deliberate indifference to medical and mental health needs claims against Defendants Guerrera and RN Dave, in their individual capacities. A ny such Amended Complaint must be filed by November 10, 2023. If no Amended Complaint is filed by November 10, 2023, the case will proceed only on the Eighth Amendment deliberate indifference claims against Defendants Guerrera and Dave. The Clerk of Court is respectfully directed to terminate all individuals, except Officer Guerrera and RN Dave, as Defendants in this case.The Clerk of Court is also respectfully directed to mail a waiver of service of process request packet con taining the Complaint and this Order to each Defendant by October 7, 2023 and to report to the Court the status of the waiver request by November 10, 2023. If any Defendant fails to return the waiver request, the Clerk shall arrange for in-person service. The Clerk shall also send Plaintiff a copy of this Order.Defendants shall file their response to the Complaint by January 5, 2024. Discovery shall be completed by June 7, 2024. Dispositive Motions are due by July 12, 2024. Signed by Judge Victor A. Bolden on 10/6/23. (Chan, A.)
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