Hubsher v. Nassau County et al
| Marshall Hubsher |
| Armor Correctional Health Services, Dr C. Marcos, Nassau County and Michael Sposato |
| 2:2016cv05842 |
| October 17, 2016 |
| U.S. District Court for the Eastern District of New York |
| Central Islip Office |
| Arlene R. Lindsay |
| Joanna Seybert |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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| Document Text |
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Filing
119
ORDER granting 118 See attached order. Ordered by Magistrate Judge Arlene R. Lindsay on 7/9/2019. (Gandiosi, Kristin)
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Filing
59
MEMORANDUM AND ORDER granting in part and denying in part 19 Motion to Dismiss for Failure to State a Claim; denying 38 Motion to Strike; granting 53 Motion for Leave to File. The County Defendant's motion to dismiss is GRANTED I N PART and DENIED IN PART. (Docket Entry 19). Only the municipal liability claim against Nassau County remains unless Plaintiff chooses to file an Amended Complaint. The Court DENIES Plaintiff's motion to strike the County Defendants' reply papers, (Docket Entry 38), but GRANTS Plaintiff leave to file an Amended Complaint consistent with this Order, (Docket Entry 53). The Court declines to issue a certificate of appealability because the Petitioner has not made a substantial showing that he was denied a constitutional right. See 28 U.S.C. § 2253(c)(2). The Court also certifies that any appeal of this Order would not be taken in good faith, and thus his in forma pauperis status is DENIED for the purposes of any appeal. The Clerk of the Court is respectfully directed to mail a copy of this Order to the pro se litigant. So Ordered by Judge Joanna Seybert on 9/28/2017. C/M; C/ECF (Valle, Christine)
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