Walters v. Suffolk County et al
| Kenneth A. Walters |
| Suffolk County, S.C. Police Dept., Stony Brook Med. Center, PO Miller, John Doe, RN Jane Doe and Dr. John Doe |
| 2:2009cv00556 |
| February 9, 2009 |
| US District Court for the Eastern District of New York |
| Prisoner: Civil Rights Office |
| Suffolk |
| E. Thomas Boyle |
| Joanna Seybert |
| Plaintiff |
| Federal Question |
| 42:1983 Civil Rights Act |
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Filing
110
MEMORANDUM & ORDER denying 92 Motion to Dismiss; granting 100 Motion for Summary Judgment; granting 109 Motion for Summary Judgment. As set forth in the attached Memorandum & Order, the Court denies the motion to dismiss by Choy and Williams but sua sponte dismisses all claims against Choy and Williams in their official capacities and grants the motions for summary judgment by Suffolk County and Nabil Saleh. Plaintiff is granted an extension of 30 days to properly serve Choy and Williams in accordance with Rule 4 of the Federal Rules of Civil Procedure. Ordered by Judge Margo K. Brodie on 3/11/2014. (Ramos, Christopher)
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Filing
10
MEMORANDUM & ORDER - Based on the foregoing, it is hereby ORDERED, that Plaintiff's request to proceed in forma pauperis is hereby GRANTED; and it is further ORDERED, that the Clerk of the Court mail a copy of this Order, together with Plaintiff 's authorization, to the Superintendent of the facility in which Plaintiff is incarcerated and to Plaintiff; and it is further ORDERED, that the Clerk of the Court must forward to the United States Marshal for the Eastern District of New York co pies of Plaintiff's Summons, Complaint, and this Order for service upon Defendants Suffolk County and Police Officer Miller, without prepayment of fees; and it is further ORDERED, that Defendants Suffolk County and Police Officer Miller must ans wer the Complaint; and it is further ORDERED, that the claims against SUNY Stony Brook Medical Center's John Doe, Registered Nurse Jane Doe, and Dr. John Doe in their official capacity, as well as the claims against SUNY Stony Brook's Medic al Center, are DISMISSED with prejudice; and it is further ORDERED, that the Clerk of the Court send a copy of the complaint and this Order to the New York State Attorney General's Office; and it is further ORDERED, that the New York State Attor ney General's Office, ascertain the names and addresses of the unidentified SUNY Stony Brook Medical Center John Doe, Registered Nurse Jane Doe, and Dr. John Doe whom Plaintiff seeks to sue in their personal capacity and provide that information to Plaintiff and the Court within 45 days of this Order; and it is further ORDERED, that upon receipt of information from the New York State Attorney General's Office, the Clerk of the Court shall update the docket to reflect the replacement of the John Doe Defendants by named Defendants, and issue a Summons naming the newly identified John/Jane Does, along with copies of Plaintiff's Complaint and this Order, for service upon the newly identified John Doe, Registered Nurse Jane Doe, and Dr. John Doe of SUNY Stony Brook Medical Center, to be served by the United States Marshal for the Eastern District without prepayment of fees. Ordered by Judge Joanna Seybert on 6/5/09. (Valle, Christine)
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