Davis v. Medical Department of C-73 Rikers Island Correctional Facility et al
| Carl Davis |
| Medical Department of C-73 Rikers Island Correctional Facility and Medical Director, C-73 |
| 1:2014cv06405 |
| August 5, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Gregory H. Woods |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
158
MEMORANDUM OPINION AND ORDER re: 146 MOTION to Dismiss filed by Joseph McReady. For the foregoing reasons, Defendant's motion to dismiss is granted in part and denied in part. As set forth above, Mr. Davis's claim for d eliberate indifference to his serious medical needs survives only to the extent that it relates to conditions of his left leg and foot. To the extent that Mr. Davis's claim is based on Defendant's record-keeping and failure to prescribe p ain and asthma medication and a therapeutic mattress, the claim is dismissed. To the extent the third amended complaint can be construed to raise state tort claims against Defendant, those claims are dismissed. The Court does not grant Mr. Davis leave to amend his complaint, as he has already had two opportunities to cure deficiencies raised in his previous pleading. See Rutolo v. City of New York, 514 F.3d 184, 191 (2d Cir. 2008) ("Leave to amend, though liberally granted, may prope rly be denied for... repeated failure to cure deficiencies by amendments previously allowed...."). The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Court requests that counsel for Defendant provide Plaintiff with copies of unpublished cases cited in this decision pursuant to Local Rule of the United States District Courts for the Southern and Eastern Districts of New York 7.2. The Clerk of Court is instructed to terminate the motion pending at docket number 146 and to mail Plaintiff a copy of this order by certified mail. SO ORDERED. (Signed by Judge Gregory H. Woods on 10/22/2017) (anc)
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Filing
141
MEMORANDUM OPINION AND ORDER. For the foregoing reasons, Defendant's motions to dismiss is GRANTED, and Mr. Davis's second amended complaint is dismissed with leave to replead. If Mr. Davis wishes to file a third amended complaint, he must do so no later than March 14, 2017. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 117. The Court will mail a copy of this order to Plaintiff, along with all unreported decisions cited herein. SO ORDERED. re: 117 MOTION to Dismiss filed by Joseph McReady. Joseph McReady terminated. (Amended Pleadings due by 3/14/2017.) (Signed by Judge Gregory H. Woods on 2/15/2017) (rjm)
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Filing
100
MEMORANDUM OPINION AND ORDER re: 53 FIRST MOTION to Dismiss filed by Olga Segal, 63 MOTION to Dismiss filed by The City Of New York, Sabina Gritta, Rommel Montilus, Losif Shpits, Corizon Health, Scott Parks, Jacob Matthew, F rentz Medard, Girty Asiedu, Emmanuel Charles, Warren Bush, Joseph McReady, Guy Kelly, Bianca Morisset, Vaise Jonson, Marshall Tse. For the foregoing reasons, Defendants' motions to dismiss are GRANTED. The Clerk of Court is directed t o terminate the motions pending at Dkt. Nos. 53 and 63. In light of the fact that Mr. Davis's claims have been dismissed, the Court is adjourning the status conference scheduled for March 1, 2016 sine die. If Mr. Davis wishes to file a second amended complaint, he must do so no later than March 18, 2016. The Court will mail a copy of this Order to Plaintiff. (As further set forth in this Order.) (Amended Pleadings due by 3/18/2016.) (Signed by Judge Gregory H. Woods on 2/22/2016) (kko)
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