Casino et al v. Stonybrook University Medical Center et al
||Eileen Casino and Donato J. Casino
||Stonybrook University Medical Center, Brian Cassidy and Woodhaven Nursing Home
||October 28, 2013
||US District Court for the Eastern District of New York
||Central Islip Office
||Gary R. Brown
||Sandra J. Feuerstein
|Nature of Suit:
||Civil Rights: Other
|Cause of Action:
||42:1983 Civil Rights Act
|Jury Demanded By:
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|January 27, 2014
ORDER granting 2 Motion for Leave to Proceed in forma pauperis. SO ORDERED that plaintiffs application to proceed in forma pauperis is granted; plaintiff's claims against Stony Brook University Medical Center are sua sponte dismissed in their entirety pursuant to Rule 12(h)(3) of the Federal Rules of Civil Procedure for Jack of subject matter jurisdiction; plaintiffs Section 1983 claims against Woodhaven and Cassidy are sua sponte dismissed in their entirety with prejudice pursuant to 28 U.S.C. § 1915( e)(2)(B)(ii) for failure to state a claim for relief; and any state law claims are dismissed without prejudice pursuant to 28 U.S.C. § 1367( c)(3). The Clerk of the Court shall close this case and, pursuant to Rule 77(d)(l) of the Federal Rules of Civil Procedure, serve notice of entry of this Order upon all parties. 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. Donato J. Casino terminated. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 1/27/2014. (Florio, Lisa)
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