Jandres v. Nassau County Medical Center et al
| William Jandres |
| Armor Correctional Health, Inc., Nassau County Correctional Facility, Nassau County Medical Center and Nassau County Sheriff's Dept. |
| 2:2012cv03132 |
| June 21, 2012 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Gary R. Brown |
| Joanna Seybert |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
48
AMENDED ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION; ORDERED that the case be DISMISSED with prejudice for lack of prosecution, pursuant to Rule 41(b), Federal Rules of Civil Procedure. The Clerk of the Court is directed to enter judgment and mark the case CLOSED. 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 and therefore in forma pauperis status is denied for the purpose of any appeal. This Order shall amend and supersede the Court's Order of Dismissal dated April 26, 2016 (Docket Entry 47). So Ordered by Judge Joanna Seybert on 5/23/2016. C/ECF (Valle, Christine)
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Filing
47
ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION - ORDERED that this case be DISMISSED with prejudice for lack of prosecution, pursuant to Rule 41(b), Federal Rules of Civil Procedure. The Clerk of Court is directed to enter judgment and mark this case closed. So Ordered by Judge Joanna Seybert on 4/26/2016. C/ECF (Valle, Christine)
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Filing
37
MEMORANDUM & ORDER granting in part and denying in part 26 Motion to Dismiss for Failure to State a Claim. For the foregoing reasons, the Armor Defendants' motion to dismiss is GRANTED IN PART and DENIED IN PART. It is DENIED as to the Armo r Defendants' argument regarding lack of exhaustion, but otherwise GRANTED, and Plaintiff's claims against the Armor Defendants are DISMISSED WITH PREJUDICE. Plaintiff's claim for injunctive relief is also DISMISSED WITH PREJUDICE. Ad ditionally, the Clerk of the Court is directed to amend the docket to reflect Nurse Greg as a defendant in this action. However, Plaintiff's claims against Nurse Greg and Ms. Peg are sua sponte DISMISSED WITH PREJUDICE. The Court notes that Plai ntiff's only remaining claim is that against Officer Evans, who has not moved to dismiss. Accordingly, Plaintiff's claim will move forward as against Officer Evans. The Court certifies that pursuant to 28 U.S.C. § 1915(a)(3) that a ny 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. The Clerk of the Court is directed to mail a copy of this Memorandum and Order to pro se Plaintiff. So Ordered by Judge Joanna Seybert on 3/31/2014. C/M; C/ECF (Valle, Christine)
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Filing
11
ORDER - The Clerk of the Court shall consolidate the two above-captioned cases under the first filed case, 12-CV-3132(JS)(GRB) and shall close the case with docket number 12-CV-4984(JS)(GRB). Any further filings in that case shall be made under d ocket number 12-CV-3132(JS)(GRB). Plaintiff's claims against the Jail, the County, NHCC, Sergeant Miller, Capt. Ford and Sheriff Sposato are dismissed without prejudice. Plaintiff's claims against Armor and Officer Evans shall proceed and the Clerk of the Court is directed to forward copies of the Summonses, the Complaint, the Amended Complaint and this Order to the USMS for service upon Armor and Officer Evans forthwith. Finally, no summonses shall issue at this time for the Defenda nts identified by Plaintiff as "John Doe", "Jane Doe", "Dr. K", "P.H. Smith", "Mr. Carlos" and "Ms. Peg". Rather, the Clerk of the Court is directed to serve a copy of the Complaint, the A mended Complaint and this Order on the Nassau County Attorney. The Nassau County Attorney's Office is requested to attempt to ascertain the full names of the individuals that Plaintiff seeks to sue as described in the pleadings and provide the address(es) where each such Defendant can be served to the Court and the Plaintiff within thirty (30) days of the date this Order is served upon it. Once the information is provided to the Court by the Nassau County Attorney's Office, Plaintiff 's Complaint shall be deemed amended, summonses shall be issued as to those Defendants and the USMS shall serve those Defendants. 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 and therefore in forma pauperis status is denied for the purpose of any appeal. So Ordered by Judge Joanna Seybert on 10/24/12. C/M (Valle, Christine)
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Filing
6
ORDER granting 2 Motion for Leave to Proceed in forma pauperis. For the reasons set forth above, Plaintiff's application to proceed in forma pauperis is granted, but the Complaint is sua sponte dismissed pursuant to 28 U.S.C. §§ 1915(e)(2), 1915A(b) unless Plaintiff files an Amended Complaint alleging a viable Section 1983 claim against a proper defendant as set forth above within thirty (30) days from the date that this Order is served upon him. If Plaintiff fails to timely file an Amended Complaint, the Complaint shall be dismissed with prejudice, judgment shall enter, and the case will be closed. 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 and therefore in forma pauperis status is denied for the purpose of any appeal. So Ordered by Judge Joanna Seybert on 7/25/12. C/M (Valle, Christine)
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