Jones v. Beth Isreal Hospital

Jones v. Beth Isreal Hospital

Plaintiff:	Michael J. Jones
Defendant:	Beth Isreal Hospital
Case Number:	1:2017cv03445
Filed:	May 8, 2017
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Colleen McMahon
Nature of Suit:	Civil Rights
Cause of Action:	42 U.S.C. § 1983
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
April 12, 2018	Filing 35 MEMORANDUM OPINION AND ORDER re: 18 MOTION to Dismiss . filed by Beth Isreal Hospital. For the reasons stated above, Defendant's motion to dismiss is GRANTED IN PART and DENIED IN PART. Plaintiff's Section 1983 claims are dismissed with prejudice. Plaintiff's Section 1981 claim is dismissed without prejudice. Plaintiff's EMTALA claim survives. Plaintiff's NYSHRL claim is dismissed without prejudice. Plaintiff's other state law claims survive. Pl aintiff is granted leave to replead his Section 1981 and NYSHRL claims no later than 30 days following the date of this order. Plaintiff is advised that an amended complaint will replace, not supplement, the original complaint. 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 The Cour t requests that counsel for Defendant provide Plaintiff with copies of unpublished cases cited in this decision pursuant to Local Rule of the United States District Courts for the Southern and Eastern Districts of New York 7.2.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 directed to terminate the motion pending at Dkt. No. 18 and to mail a copy of this opinion to Plaintiff by certified mail. SO ORDERED. (Signed by Judge Gregory H. Woods on 4/11/2018) (rj)

Date Filed

Document Text

April 12, 2018

Filing 35 MEMORANDUM OPINION AND ORDER re: 18 MOTION to Dismiss . filed by Beth Isreal Hospital. For the reasons stated above, Defendant's motion to dismiss is GRANTED IN PART and DENIED IN PART. Plaintiff's Section 1983 claims are dismissed with prejudice. Plaintiff's Section 1981 claim is dismissed without prejudice. Plaintiff's EMTALA claim survives. Plaintiff's NYSHRL claim is dismissed without prejudice. Plaintiff's other state law claims survive. Pl aintiff is granted leave to replead his Section 1981 and NYSHRL claims no later than 30 days following the date of this order. Plaintiff is advised that an amended complaint will replace, not supplement, the original complaint. 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 Cour t 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 directed to terminate the motion pending at Dkt. No. 18 and to mail a copy of this opinion to Plaintiff by certified mail. SO ORDERED. (Signed by Judge Gregory H. Woods on 4/11/2018) (rj)

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Plaintiff: Michael J. Jones
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Defendant: Beth Isreal Hospital
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