Royal v. Annuci et al
Plaintiff: Richard Royal
Defendant: Anthony Annuci, Carl J. Koenigsmann, MD, Kathleen Gerbing, Rhonda Murray and Estate of Dr. Herbert Goulding
Case Number: 1:2016cv06517
Filed: August 15, 2016
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Jefferson
Presiding Judge: Unassigned
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None

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Date Filed Document Text
July 27, 2017 Opinion or Order Filing 40 OPINION AND ORDER re: 33 MOTION to Dismiss Complaint as against Estate of Dr. Goulding. filed by Rhonda Murray, Carl J. Koenigsmann, MD, Anthony Annuci, Kathleen Gerbing, Estate of Dr. Herbert Goulding, 16 MOTION to Dismiss < i>. filed by Rhonda Murray, Carl J. Koenigsmann, MD, Anthony Annuci, Kathleen Gerbing: Plaintiff Richard Royal, proceeding pro se and in forma pauperis, brings this action under 42 U.S.C. § 1983, alleging that while he was incarcerated a t Otisville Correctional Facility ("Otisville"), defendants Anthony Annucci, Acting Commissioner of the Department of Corrections and Community Supervision ("DOCCS"); Carl J. Koenigsmann, M.D., Chief Medical Officer of DOCCS; Kath leen Gerbing. Superintendent of Otisville; Rhonda Murray, a Nurse Administrator at Otisville; and the Estate of Dr. Herbert Goulding, were deliberately indifferent to plaintiff's medical needs in violation of his rights under the Eighth Amendmen t of the United States Constitution. Before the Court are a motion to dismiss the complaint filed by defendants Annucci, Koenigsmann Gerbing, and Murray (Doc #16), and a separate motion to dismiss filed by defendant Estate of Dr. Goulding (Doc. #33). Defendants' motions to dismiss are GRANTED. The Clerk is instructed to terminate the motions (Does. ##16, 33). The Clerk is further instructed to mail a copy of this Opinion and Order to plaintiff. Plaintiff is granted leave to file an amended complaint as to the Regional Medical Director only. Plaintiff's amended complaint, if any, shall be filed by August 31, 2017, in accordance with Part Ill above. Plaintiff is directed to utilize the amended complaint form attached hereto. If plai ntiff fails to submit or chooses not to submit an amended complaint by August 31, 2017, the Court will dismiss this case. 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). (Signed by Judge Vincent L. Briccetti on 7/27/2017) Copies Mailed By Chambers. (jwh)
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Plaintiff: Richard Royal
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Defendant: Anthony Annuci
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Defendant: Carl J. Koenigsmann, MD
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Defendant: Kathleen Gerbing
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Defendant: Rhonda Murray
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Defendant: Estate of Dr. Herbert Goulding
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