Elisens v. Cayuga County Mental Health et al
| Brent Allen Elisens |
| Cayuga County Mental Health, Dr. Ahmad Bilal, Dr. Michael Pratts, Auburn Community Hospital, Faith Emerson and Colleen Curr |
| 5:2019cv01236 |
| October 3, 2019 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Therese Wiley Dancks |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1331 Fed. Question: Medical Malpractice |
| None |
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Filing 6
ORDER AND REPORT-RECOMMENDATION: It is hereby ORDERED that the Plaintiffs #2 IFP Application is GRANTED; and it is further RECOMMENDED that the #1 Complaint be DISMISSED WITHOUT PREJUDICE and with leave to amend against Defendants Cayuga County Mental Health, Faith Emerson, and Dr. Michael Pratts except with regard to the alleged HIPAA violation which the Court recommends be dismissed with prejudice; and it is further RECOMMENDED that Defendants Auburn Community Hospital, Dr. Ahmad Bilal, and Colleen Curr be required to respond to Plaintiffs claims for the alleged medical malpractice; and it is further RECOMMENDED that Defendant Dr. Ahmad Bilal be required to respond to Plaintiffs claims regarding his Fourteenth and Fourth Amendment rights; and it is further ORDERED that Plaintiffs #3 motion to appoint counsel is DENIED with leave to renew; and it is further ORDERED that the Clerk serve a copy of this Order and Report-Recommendation on Plaintiff, along with a copy of the unpublished decisions cited herein in accordance with the Second Circuits decision in Lebron v. Sanders, 557 F.3d 76 (2d Cir. 2009)( Objections to R&R due by 12/12/2019, Case Review Deadline 12/16/2019). Signed by Magistrate Judge Therese Wiley Dancks on 11/25/2019. {Clerk served copy upon Pro Se Plaintiff via regular mail}(pjh)
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| Filing 5 PROPOSED SUMMONS as to Auburn Community Hospital filed by Brent Allen Elisens, Pro Se. (Attachments: #1 Proposed Summons as to Dr. Michael Pratts, #2 Proposed Summons as to Colleen Curr, #3 Proposed Summons as to Faith Emerson, #4 Proposed Summons as to Dr. Ahmad Bilal, #5 Proposed Summons as to Cayuga County Mental Health, #6 Cover Letter, #7 Envelope) (pjh) |
| Filing 4 TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. http://www.nynd.uscourts.gov/sites/nynd/files/DAgostino_03142016.pdf. (pjh) |
| DOCKET ANNOTATION Pro Se litigant did not include Proposed Summonses or completed USM-285 forms with the #1 Complaint. Clerk mailed blank copies of the same to the Pro Se litigant via regular mail on 10/8/2019 instructing him to complete the forms and return them to the Clerk's Office for filing. (pjh) |
| Filing 3 MOTION to Appoint Counsel filed by Brent Allen Elisens, Pro Se. Motions referred to Therese Wiley Dancks. (pjh) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Brent Allen Elisens, Pro Se. Motions referred to Therese Wiley Dancks. (pjh) |
| Filing 1 COMPLAINT against Auburn Community Hospital, Dr. Ahmad Bilal, Cayuga County Mental Health, Colleen Curr, Faith Emerson, Dr. Michael Pratts filed by Brent Allen Elisens, Pro Se. (Attachments: #1 Civil Cover Sheet, #2 Envelope)(pjh) |
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