Jennings v. The Municipality of Suffolk County et al
| Clyde J. Jennings |
| The Suffolk County Police Department, Photographer Det. Serrata, Detective Christopher Talt, The Municipality of Suffolk County, The Narcotics Enforcement Special Operations Team, Mr. David Reed, Police Department Cell Attendant, Transportating P.O. John Doe, Mr. Mark Auerbach, Ms. Tracy Busch, Police Officer Michael J. Cammarata, Supervising Sergeant John Diffley, Supervising Sergeant John Doe, Steve Levy, North Shore Long Island Jewish Health System, Police Officer Timothy Drake, Transporting P.O. John Doe and Stationhouse Det. John Doe |
| 2:2011cv00911 |
| February 24, 2011 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joseph F. Bianco |
| Arlene R. Lindsay |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
68
ORDER granting 49 Motion to Dismiss for Failure to State a Claim; granting 50 Motion to Dismiss; denying 61 Motion for Judgment on the Pleadings. For the reasons set forth in the Court's February 13, 2013 Memorandum and Order, defendan ts' motions to dismiss are granted. The Court declines to exercise supplemental jurisdiction over any state law claims that plaintiff is attempting to assert, and such state claims are dismissed without prejudice. Given that plaintiff's fed eral claims have been dismissed as time-barred, plaintiff's cross-motion for judgment on the pleadings is denied. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith; the refore, in forma pauperis status is denied for purposes of an appeal. IT IS FURTHER ORDERED that the Court will conduct a telephone conference on February 22, 2013, at 1:15 p.m. to address plaintiff's motion to amend the complaint in connection with the alleged medical/dental malpractice that occurred in 2011 after he was transferred to an upstate prison. At that time, counsel for defendants shall initiate the call and, once all parties are on the line, shall contact Chambers at (631) 712 5670. SO ORDERED. Ordered by Judge Joseph F. Bianco on 2/13/2013.
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