Baptiste v. Sommers et al
| Harry R. Baptiste |
| D. Sommers, Warden at Ottisville, M. White, MD, Orange Regional Medical Staff, John Doe and Jane Doe |
| 1:2009cv05523 |
| June 16, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Essex |
| Alvin K. Hellerstein |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1331 Fed. Question |
| Defendant |
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Filing
28
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS TO DISMISS; granting in part and denying in part 15 Motion to Dismiss; granting in part and denying in part 18 Motion to Dismiss. The Court grants Plaintiff leave to file an amen ded complaint. Fed. R. Civ. P. 15(a) (providing that courts should freely give leave to amend when justice so requires). If Plaintiff wishes to file an amended complaint, he is ordered to do so within 60 days, in a manner consistent with this Order , and inclusive of the new factual allegations made in his "Rebuttal of Defendant's Response." The Court advises Plaintiff to consult with the Court's Pro Se Office for assistance in determining appropriate amendments consistent w ith this Order. The Court directs Plaintiff to serve, through the U.S. Marshals Service, the amended complaint on all named Defendants. The Clerk shall mark the motions (Doc. Nos. 15 and 18) terminated. (Signed by Judge Alvin K. Hellerstein on 8/10/10) (djc)
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