Palmer v. Seidman et al
| Devrol Palmer |
| Michael Seidman, John/Jane Doe 1, John/Jane Doe 2 and John/Jane Doe 3 |
| 9:2016cv00027 |
| January 8, 2016 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Genesee |
| Therese Wiley Dancks |
| Gary L. Sharpe |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
86
ORDER: ORDERED that the Report-Recommendation and Order (Dkt. No. 85 ) is ADOPTED in its entirety. ORDERED that defendants' motion for summary judgment (Dkt. No. 90 ) is GRANTED. ORDERED that plaintiff's claims against K. Weyn are DIS MISSED WITH PREJUDICE for failure to prosecute. ORDERED that plaintiff's amended complaint (Dkt. No. 28 ) is DISMISSED IN ITS ENTIRETY. ORDERED that the clerk close this case. Signed by Senior Judge Gary L. Sharpe on 9/4/18. (served via regular and Registered Mail, Return Receipt) (alh, )
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Filing
34
DECISION AND ORDER: ORDERED that the amended complaint (Dkt. No. 28 ) is accepted for filing and is the operative pleading in this action. ORDERED that the Clerk of the Court is directed to terminate "John/Jane Doe 1, Medical Staff, Riverv iew Correctional Facility"; "John/Jane Doe 2, Medical Staff, Watertown Correctional Facility"; and "John/Jane Doe 3, Medical Staff, Ulster Reception Correctional Facility" are as a defendants to this action. ORDERED that t he Clerk of the Court is directed to edit the docket to add "C. Wheeler, Registered Nurse, Riverview Correctional Facility"; "K. Weyn, Registered Nurse, Riverview Correctional Facility"; "J. Parks, Registered Nurse, Watert own Correctional Facility"; "Grace Kennedy, Registered Nurse, Ulster Correctional Facility"; and C. Hayes, Registered Nurse, Ulster Correctional Facility as defendants. ORDERED that, upon receipt from plaintiff of the documents requ ired for service of process, the Clerk shall issue summonses and forward them, along with copies of the amended complaint, to the United States Marshal for service upon defendants C. Wheeler, K. Weyn, J. Parks, Grace Kennedy, and C. Hayes. ORDER ED that defendants C. Wheeler, K. Weyn, J. Parks, Grace Kennedy, and C. Hayes, or their counsel, respond to the amended complaint as provided for in the Federal Rules of Civil Procedure. ORDERED that defendant Seidman shall file a response to t he amended complaint within thirty (30) days of the filing of this Decision and Order. ORDERED that defendants' motion to dismiss (Dkt. No. 21 ) is DENIED as moot. Signed by Senior Judge Gary L. Sharpe on 1/3/17. (served on plaintiff by regular mail)(alh, )
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Filing
4
DECISION AND ORDER: ORDERED that plaintiff's IFP Application (Dkt. No. 2 ) is GRANTED. ORDERED, that summons shall issue and service conducted on defendant Seidman. ORDERED that plaintiff take reasonable steps to ascertain the identity of t he "John and Jane Doe" defendants, and when identified, seek to amend the complaint to add the individuals as defendants in this action pursuant to Fed. R. Civ. P. 15(a). ORDERED that plaintiff's motion for a temporary restraining order and preliminary injunctive relief (Dkt. No. 3 ) is DENIED. Signed by Senior Judge Gary L. Sharpe on 1/21/16. (served on plaintiff by regular mail) (alh, )
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