Torres v. Franklin Correctional Facility et al
| Jose Torres |
| John Doe 1-5, NYS DOCS, C. Gardner, Medical Staff and Franklin Correctional Facility |
| 9:2011cv00466 |
| April 25, 2011 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Franklin |
| Gary L. Sharpe |
| Randolph F. Treece |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
27
MEMORANDUM DECISION AND ORDER: ORDERED that Lieutenant Gardner's motion to dismiss (Dkt. No. 9 ) is GRANTED and that all claims against him are dismissed without prejudice; and it is further ORDERED that Lieutenant Gardner is terminated as a party to this action; and it is further ORDERED that Torres, if he wishes to proceed with this action, must file a second amended complaint within thirty (30) days from the filing date of this Decision and Order, to reflect as defendants Ms. Jobin and any other identifiable Doe defendants; and it is further ORDERED that if Torres fails to timely file a second amended complaint in accordance with this Decision and Order, the Clerk shall enter judgment dismissing the action without prejudice. Signed by Chief Judge Gary L. Sharpe on 1/23/2012. (ptm) (Copy served on plaintiff by regular mail)
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