Warren v. City of New York Department of Correctional Medical Staff et al
| Charles D. Warren |
| City of New York Department of Correctional Medical Staff, City of New York FDNY EMT Emergency Ambulance Personnel, Jane Doe 1, Jane Doe 2, John Doe, Lee Mathews, M.D. and Linda Rogers, M.D. |
| 1:2017cv01125 |
| February 22, 2017 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Lois Bloom |
| Pamela K. Chen |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
153
ORDER: For the reasons set forth in the attached Memorandum & Order, Defendants' 144 motion for summary judgment is granted in part and denied in part. Summary judgment is denied as to the claim of deliberate indifference against Dr. Kadri, while judgment on the pleadings is granted as to the claims against the City Defendants. Additionally, Plaintiff's 131 request for spoliation sanctions is denied. This case shall proceed on only the claim of deliberate indifference ag ainst Dr. Kadri, and all other defendants except for Dr. Kadri are terminated as parties to the case. Within sixty (60) days of the date of this Memorandum and Order, Plaintiff and Defendant Kadri shall separately prepare and file their respe ctive portions of a joint pre-trial order that complies with the Court's Individual Rules. Thereafter, each party will have thirty (30) days to submit objections to the opposing party's witnesses and exhibits and to identify any add itional proposed motions in limine based on the opposing party's portion of the joint pre-trial order. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal of this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Pamela K. Chen on 3/26/2021. (Nguyen, Andrew)
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Filing
9
ORDER granting 2 Motion for Leave to Proceed in forma pauperis; denying 3 Motion to Appoint Counsel. The Complaint is dismissed as to Drs. Linda Rogers and Matthew Lee pursuant to 28 U.S.C. § 1915(e)(2)(B), and also as to FDNY EMT Ja ne Doe #1 and FDNY EMT Jane Doe #2. No summons shall issue as to these Defendants. Plaintiff is granted leave to amend his Complaint with respect to these Defendants. Any amended complaint must be filed within amended complaint within thirty (30) d ays of this Memorandum & Order. Further, Plaintiffs application for pro bono counsel is denied without prejudice. There is no right to counsel in a civil case. Martin-Trigona v. Lavien, 737 F.2d 1254, 1260 (2d Cir. 1984).Plaintiff 9;s claims against Dr. John Doe, Head Medical Doctor, shall proceed. The United States Marshals Service, however, will not be able to serve Dr. John Doe without further identifying information. Accordingly, the Court hereby requests that Corporatio n Counsel for the City of New York ascertain the full name of Dr. John Doe. Once this information is provided, Plaintiff's Complaint shall be deemed amended to reflect the full name of the unnamed doctor, an amended summons shall be issued, and the Court shall direct service on this defendant. This case is respectfully referred to the Honorable Lois Bloom, United States Magistrate Judge, for pretrial supervision. The Clerk of Court is respectfully directed to serve a copy of this Order, a copy of the Complaint, a copy of the in forma pauperis application, and a copy of the Docket on the Corporation Counsel for the City of New York, Special Federal Litigation Division. The Clerk of Court is also respectfully directed to mail a copy of this Order and a copy of the Docket to Plaintiff. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Pamela K. Chen on 5/19/2017. (Fletcher, Camille)
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