King et al v. Ponte et al
| Dushawn King, Larry McNair, Eric Keaton, Justin Camenello, Malik Rainey, Cassius Daley, Robert Anderson, Oscar Fomby, Antoine Garcia, Rakeem Douglas, William White, Pedro Dolliole, Jayme Rodriguez, Willie Brown, Robinson Bermudez, Maurice Jamison, Arthur Robenov, Craig Sydorowitz, David Vaughn, Jerome Smith and Kevin Richardson |
| Joseph Ponte, Monica Windley, Hill, Decicco and Strong |
| 1:2016cv04646 |
| June 20, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Colleen McMahon |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
89
ORDER: For the reasons set forth herein, Rainey's objections to the R&R (Dkt. Nos. 85, 86)are overruled, and the R&R remains adopted in its entirety. Because the deadline to file an amended complaint has long since passed and because no amen ded complaint has been filed, the Clerk of Court is directed to close this case. A copy of this Order has been mailed to pro se Plaintiff Rainey by Chambers. SO ORDERED. (Signed by Judge Paul G. Gardephe on 7/30/2020) Copies Mailed By Chambers. (jca)
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Filing
84
ORDER for 82 Report and Recommendations 53 Motion to Dismiss, Motion to Stay filed by Deputy Warden of Security Caputo, Decicco, Joseph Ponte, Deputy Warden of Security Rene, Monica Windley, Motions terminated: 53 MOTION to Dism iss the Amended Complaints. MOTION to Stay Discovery until the adjudication of the motion to dismiss filed by Deputy Warden of Security Caputo, Decicco, Joseph Ponte, Deputy Warden of Security Rene, Monica Windley. For the r easons stated above, the Court adopts Judge Moses's February 22, 2018 Report & Recommendation in its entirety, and Defendants' motion to dismiss is granted. As to leave to amend, 1. the claims of Garcia, Douglas, Rainey, Keaton, and Va ughn related to mold in the GRVC showers are dismissed with leave to amend; 2. Plaintiffs' claims related to backless stools are dismissed without leave to amend; 3. McNair's claim alleging that he was required to sleep on a yoga mat is di smissed with leave to amend; 4. Plaintiffs' claims related to a missed breakfast meal are dismissed without leave to amend. Any amended complaint must be filed by shall be filed by April 20, 2018. The Clerk of Court is directed to terminate the motion (Dkt. No. 53), and to mail a copy of this order to pro se Plaintiffs. (As further set forth in this Order.) (Signed by Judge Paul G. Gardephe on 3/19/2018) (cf)
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