|August 14, 2009
OPINION AND ORDER:#97901 For the reasons set forth herein, all Section 1983 claims against the State of New York, DOCS, OMH, CNYPC, and/or state officials in their official capacity are dismissed pursuant to Rule 12(b)(1) for lack of subject matter j urisdiction. All claims against Defendants Burge, Phillips, Colella, Hermann, Miller, Dr. Langbart, Henderson, Dr. Kami, Dr. Klein, Vito, Churns, Croce, Roberts, Correctional Officer Miller, Belanger, and Muetzel are dismissed with prejudice pursuant to Rule 12(b)(6) as untimely. All claims against Defendants Phillips, Fishkill Nurse Homell or Howell, Fishkill Nurse 407, Furrorn, Nelson, Lopiccolo, and Thomas are dismissed without prejudice pursuant to Federal Rule of Civil Procedure 4(m) for fa ilure to make timely service. The Section 1983 claim against Defendant Rizzo and the ADA Title II and Rehabilitation Act claims against Defendant Mazzuca are dismissed with prejudice pursuant to Rule 12(b)(6). Plaintiffs ADA Title II and Rehabilitati on Act claims against DOCS, OHM, CNYPC, and the State of New York are dismissed with leave to replead. Any Second Amended Complaint repleading claims against the Entity Defendants must be filed by September 4, 2009. Failure to file such a timely amen ded pleading will result in the dismissal of the claims against the Entity Defendant with prejudice, without further advance notice to Plaintiffs. This Order resolves docket entry no. 18. (Signed by Judge Laura Taylor Swain on 8/14/09) (tro) Modified on 8/17/2009 (eef).