Beazer v. New York State Office of Mental Health et al
||Susan Adams, Ann Marie Barbarotta, Creedmoor Psychiatric Center, Entity X, Ronald Ermann, Viodelda Ho-Shing, Don Huffman, Correction Officer Jane Doe, John Doe, Victor Marshall and New York State Office of Mental Health
||August 5, 2015
||US District Court for the Eastern District of New York
||Eric N. Vitaliano
|Nature of Suit:
||Civil Rights: Other
|Cause of Action:
||28:1331 Fed. Question
|Jury Demanded By:
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|August 28, 2017
ORDER ADOPTING REPORT AND RECOMMENDATIONS : IT IS HEREBY ORDERED that defendants' motion to dismiss is granted with prejudice with respect to plaintiffs 42 U.S.C. § 1983 and Fourteenth. Amendment claims; plaintiffs Title VII discrimination claims against the individual defendants; and any claims arising from the Arbitration Consent Award. Plaintiffs Title VIIdiscrimination claim against defendant New York State Office of Mental Health-Creedmoor Psychiatric Center OMH and his Title VII retaliation claim against all defendants, as well as any state law claims, are dismissed without prejudice. If plaintiff intends to file an amended complaint, he may file an amended complaint within thirty days of this Order. Plaintiff is warned that if he fails to file an amended complaint within thirty days, the Court may dismiss the federal claims with prejudice, without further notice, for failure to prosecute, pursuant to Rule 41 (b) of the Federal Rules of Civil Procedure.The Court certifi es pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. Ordered by Judge Joseph F. Bianco on 8/28/2017. (Bollbach, Jean)cm by chambers
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