Smith v. Collins et al
| Osmondo D. Smith |
| Karen Collins, The City of New York, Department of Correction, Hayes, Gibbs, Mikell and Patterson |
| 1:2015cv00216 |
| January 12, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Paul A. Engelmayer |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
30
OPINION & ORDER re: 21 AMENDED MOTION to Dismiss filed by Department of Correction, The City of New York, Hayes, Mikell, Patterson, Gibbs, Karen Collins, 16 MOTION to Dismiss the Complaint filed by The Ci ty of New York, Hayes, Patterson, Gibbs, Karen Collins. The Court adopts the Report in full. For the reasons articulated in the Report, the Court dismisses Smith's claim against the City of New York, with leave to amend. The Court denies the motion to dismiss Smith's claims against the individual defendants. The case remains referred to Judge Francis for pretrial supervision, including, as relevant now, for the purpose of setting a deadline for any amended pleading and/or setting a discovery schedule. The Clerk of Court is directed to terminate the motions pending at docket numbers 21 and 16. (As further set forth in this Order.) (Signed by Judge Paul A. Engelmayer on 2/26/2016) (kko)
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Filing
10
OPINION & ORDER: For the foregoing reasons, the Court dismisses Smith's claims against the New York City Department of Correction; directs the Clerk of Court to serve this order on the New York City Department of Correction and the New York Ci ty Law Department; respectfully requests that the remaining defendants (i.e., the City of New York, Warden Collins, Deputy Warden Hayes, Security Captain Gibbs, Officer Mikell, and Officer Patterson) waive service of summons; and denies Smith' ;s request for counsel, without prejudice to his renewing that request at a later date. The Court certifies, pursuant to 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). Waiver of Service due by 4/27/2015. (Signed by Judge Paul A. Engelmayer on 3/25/2015) (kl)
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