Bell v. Galani et al
| Lewis Bell, Sr. |
| Jason Bean, Donald Sawyer, Lydia Brennan, John Doe, Galani, J. Thomas, J. Waldron, Office of Mental Health and Paul Daugherty |
| 9:2010cv01577 |
| December 29, 2010 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| XX US, Outside State |
| Lawrence E. Kahn |
| George H. Lowe |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
74
DECISION AND ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 65 ) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Defendants' Motion to dismiss for failure to state a claim (Dkt. No. 47 ) is GRANTED in p art and DENIED in part; and it is further ORDERED, that Defendants Gillani, Thomas, Daugherty, Bean, and Brennan submit an answer to Plaintiff's Eighth Amendment claims; and it is further ORDERED, that Plaintiff's Eighth Amendment claims against Defendants Waldron and Sawyer are DISMISSED with leave to amend; and it is further ORDERED, that Plaintiff's ADA claims against Defendant Office of Mental Health ("OMH") and Defendant Sawyer are DISMISSED with leave to amen d; and it is further ORDERED, that Plaintiff's ADA claims against Defendants Gillani, Thomas, Waldron, Daugherty, Bean, Brennan and Sawyer in their individual capacities are DISMISSED without leave to amend; and it is further ORDERED, th at Plaintiff's § 1983 claims for money damages against Defendant OMH and Defendant Sawyer in his official capacity are DISMISSED without leave to amend; and it is further ORDERED, that Plaintiff identify and serve Defendant John Doe within sixty (60) days of the date of this Decision and Order. Signed by Senior Judge Lawrence E. Kahn on 3/27/2012. (ptm) (Copy served on plaintiff by regular mail)
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Filing
4
ORDER that this matter is transferred to the USDC for the Northern District of NY. Signed by Hon. William M. Skretny on 12/12/2010. (TO) [Transferred from New York Western on 12/29/2010.]
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