Trowell v. Upstate Correctional Facility et al
| Ramzidden Trowell |
| Santamore and Does 1-5 |
| 9:2016cv00639 |
| June 6, 2016 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Franklin |
| Mae A. D'Agostino |
| Therese Wiley Dancks |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
41
JUDGMENT entered pursuant to the Order of the Honorable Judge Mae A. D'Agostino, dated the 20th day of March 2018. (served on plaintiff by regular and certified mail) (alh, )
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Filing
17
DECISION AND ORDER: ORDERED that plaintiff's motion to supplement the complaint (Dkt. No. 8 ) is GRANTED in part and DENIED in part. ORDERED that the Clerk of the Court is directed to create a new docket entry incorporating the original c omplaint (Dkt. No. 1) with the supplemental complaint (Dkt. No. 8) and entitle the entry, "Amended Complaint". ORDERED that the amended complaint shall be the operative pleading in this action. ORDERED that the Clerk of the Court is also directed to amend the docket to include Fleury as a defendant. ORDERED that the following claims are DISMISSED for failure to state a cause of action: (1) Eighth Amendment claims related to threats; (2) Eighth Amendment excessive force cla ims; (3) Eighth Amendment deliberate indifference claims related to plaintiff's medical needs; and (4) retaliation claims. ORDERED, that a response to the amended complaint be filed by defendant Santamore, or his counsel, as provided for i n the Federal Rules of Civil Procedure. ORDERED, that the Clerk shall issue a summons and forward it, along with copies of the amended complaint, to the United States Marshal for service upon Fleury. The Clerk shall forward a copy of the summons and amended complaint to the Office of the New York Attorney General, together with a copy of this Decision and Order. ORDERED, that a response to the amended complaint be filed by Fleury, or his counsel, as provided for in the Federal Rules of Civil Procedure. ORDERED that plaintiff's motion for the appointment of counsel (Dkt. Nos. 11 and 12 ) is DENIED with leave to renew. ORDERED that plaintiff's motion for injunctive relief (Dkt. Nos. 11 and 12 ) is DENIED. Signed by U.S. District Judge Mae A. D'Agostino on 12/7/16. (Copy mailed to Pro Se party and therefore, pursuant to Fed.R.Civ.P. 6(d), an additional 3 (three) days for service may be allowed)(alh, )
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