Best v. Schecter et al
| Hilary Best |
| Ann Marie Barbarotta, Dr. Maria Lourdes Gonzales, Michael Hogan, Yevgeniy Khaldorov, Dr. Philip Ninan, Kevin Rooney, Dr. Ankur Saraiya, Jennifer Schecter and Dr. Myles Schneider |
| 1:2012cv06142 |
| December 11, 2012 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Nicholas G. Garaufis |
| Marilyn D. Go |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
230
ORDER ADOPTING REPORT AND RECOMMENDATIONS, For the foregoing reasons, the court ADOPTS IN FULL the R&R (Dkt. 206) and DENIES Plaintiff's motion to vacate (Dkt. 198). The court also DENIES Plaintiff's request for a hearing (Dkt. 205) as unne cessary. The Clerk of Court is respectfully DIRECTED to send a copy of this Order by certified mail, return receipt requested, to pro se Plaintiff at his address of record. So Ordered by Judge Nicholas G. Garaufis on 8/15/2019. (c/m as directed, certified mail receipt no. 7018 3090 0000 7865 5791) (Lee, Tiffeny)
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Filing
195
ORDER ADOPTING REPORT AND RECOMMENDATIONS, For the foregoing reasons, the court ADOPTS IN FULL the R&R (Dkt. 179) and DENIES Plaintiff's motion to strike (Dkt. 165). The Clerk of Court is respectfully DIRECTED to send a copy of this Memorandum & Order by certified mail, return receipt requested, to pro se Plaintiff at his address of record. So Ordered by Judge Nicholas G. Garaufis on 8/20/2018. (c/m as directed, certified mail receipt no. 7011 2000 0000 4074 7254) (Lee, Tiffeny)
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Filing
113
ORDER ADOPTING 112 REPORT AND RECOMMENDATIONS. The court ADOPTS IN FULL the R&R and, accordingly, DENIES Plaintiff's motion for leave to file a second amended complaint. The Clerk of Court is respectfully directed to amend the case caption and docket sheet to reflect the correct name and spelling of Defendant Ma Lourdes Gonzalez. So Ordered by Judge Nicholas G. Garaufis on 4/20/2016. (c/m to pro se)(docket updated) (Lee, Tiffeny)
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Filing
102
MEMORANDUM & ORDER: State Defendants' objections are OVERRULED IN PART and SUSTAINED IN PART; Plaintiff's objections are OVERRULED; The R&R is therefore ADOPTED IN PART and REJECTED IN PART; All claims against City Defendants are DISMISSED WITH PREJUDICE; City Defendants' motion is GRANTED in its entirety; All claims against Defendant Michael Hogan are DISMISSED WITHOUT PREJUDICE; State Defendants' motion to dismiss is GRANTED IN PART and DENI ED IN PART: All claims against State Defendants in their official capacities are DISMISSED WITH PREJUDICE; All claims against State Defendants in their personal capacities pursuant to the Fifth, Sixth, Eighth, and Thirteenth Amendments, as well as Plaintiff's claim under the Equal Protection Clause of the Fourteenth Amendment, are DISMISSED WITH PREJUDICE; Plaintiff's claim against State Defendants in their personal capacities based on the denial of his right to a predeprivation hearing under the Fourteenth Amendment is DISMISSED WITHOUT PREJUDICE; and Plaintiff's claims against State Defendants in their personal capacities based on the denial of his Fou rteenth Amendment procedural due process right to physician certifications under New York Mental Hyg. Law § 9.2 7, denial of his Fourteenth Amendment substantive due process rights, as well as denial of his Fourth Amendment rights, all remain. So Ordered by Judge Nicholas G. Garaufis on 9/18/2015. (c/m to pro se) (Lee, Tiffeny)
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Filing
23
ORDER denying Plaintiff's 15 Motion for Reconsideration. So Ordered by Judge Nicholas G. Garaufis on 2/7/2013. (c/m to pro se) (Lee, Tiffeny)
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Filing
9
MEMORANDUM & ORDER: Plaintiff's 3 request to proceed in forma pauperis ("IFP") is GRANTED. Plaintiff's claims against Defendants Schecter and Rooney are DISMISSED with prejudice under 28 U.S.C. § 1915(e)(2)(B)(iii ). The United States Marshals Service is directed to serve the Amended Complaint and a copy of this Memorandum and Order on Defendants Myles Schneider, Ankur Saraiya, Michael Hogan, Ann Marie Barbarotta, Maria Lourdes Gonzales, Philip Ninan, and Y evgeniy Khaldoarov without the need for Plaintiff to prepay any fees-no summonses shall issue as to Judge Schecter or Rooney. The case is referred to Magistrate Judge Marilyn D. Go for pretrial supervision. The Court certifies pursuant to 28 U.S.C . § 1915(a)(3) that any appeal from this Memorandum and Order would not be taken in good faith and therefore IFP status is denied for purpose of an appeal. SO ORDERED by Judge Nicholas G. Garaufis, on 1/10/2013. C/mailed. (Parties: Jennifer Schecter and Kevin Rooney terminated.) (Latka-Mucha, Wieslawa)
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