Carno v. The United States of America et al
| Alexander P. Carno |
| The United States of America, Federal Bureau of Prisons, Westchester County Jail and Correct Care Solutions, Inc. |
| 1:2017cv07998 |
| October 16, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Unassigned |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
102
ORDER re: 101 Order of Dismissal. The Clerk's Office mailed a copy of the January 13, 2020 Order of Dismissal to Plaintiff's last known address, at the Federal Correctional Complex - Allenwood, but the mail was returned as undeliverab le. (See ECF Dkt. Entry Dated January 29, 2020.) Through the Court's own review of Federal Bureau of Prisons records, it appears that Plaintiff is presently located at New York Residential Reentry Management (RRM). The Clerk of the Court is resp ectfully directed to update the docket to reflect Plaintiff's updated address as listed below. The Clerk of the Court is further requested to mail a copy of this Order and the Order of Dismissal (ECF No. 101) to Plaintiff at the updated address and file proof of service on the docket. (as further set forth set forth herein). SO ORDERED. (Signed by Judge Nelson Stephen Roman on 2/4/2020) (kv) Transmission to Docket Assistant Clerk for processing.
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Filing
101
ORDER OF DISMISSAL: Plaintiff was granted until December 31, 2019, to demonstrate to the Court that he had not abandoned his claims and was taking diligent steps to prosecute them. (Id) Despite the passage of more than a month, Plaintiff has faile d to communicate with the Court or otherwise respond to the OSC. Accordingly, due to Plaintiff's failure to prosecute this action, the action is dismissed pursuant to Fed R. Civ. P. 41(b). The Clerk of Court is respectfully directed to termin ate this action. The Clerk of the Court is further directed to serve a copy of this Order on Plaintiff at the address listed on the docket and file proof of service on the docket. (Signed by Judge Nelson Stephen Roman on 1/13/2020) (rj) Transmission to Docket Assistant Clerk for processing.
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Filing
99
ORDER GRANTING REQUEST FOR PRO BONO COUNSEL granting 96 Application for the Court to Request Counsel. For the foregoing reasons, Plaintiff's Application for the Court to Request Counsel is granted. The Court advises Plaintiff that there are no funds to retain counsel in civil cases and the Court relies on volunteers. Due to a scarcity of volunteer attorneys, a lengthy period of time may pass before counsel volunteers to represent Plaintiff. Nevertheless, this litigation will progress at a normal pace. If an attorney volunteers, the attorney will contact Plaintiff directly. There is no guarantee, however, that a volunteer attorney will decide to take the case, and plaintiff should be prepared to proceed with the case pro se. Of course, if an attorney offers to take the case, it is entirely Plaintiff's decision whether to retain that attorney or not. The Court has established a Pro Bono Fund to encourage greater attorney representation of pro se litigants. The Fund is especially intended for attorneys for whom pro bono service is a financial hardship. See http://www.nysd.circ2.dcn/docs/prose/pro bono fund order.pdf.] The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this Order would n ot be taken in good faith and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is respectfully directed to terminate the Motion at ECF No. 96, to mail a copy of this Order to Plaintiff at his last address listed on ECF, and to file proof of service on the docket. (Signed by Judge Nelson Stephen Roman on 7/31/2019) (rj) Transmission to Docket Assistant Clerk for processing.
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Filing
88
OPINION & ORDER re: 68 MOTION to Dismiss plaintiff's complaint. filed by County of Westchester, Medical Director or CEO of Correct Care Solutions, Correct Care Solutions, Inc., 59 MOTION to Dismiss . filed by County of Westchester, 75 MOTION to Dismiss the Complaint. filed by Acting Director of Federal Bureau of Prisons, The United States of America, Federal Bureau of Prisons., For the foregoing reasons, the Federal Defendants' mo tion to dismiss is GRANTED with prejudice. Correct Care and Westchester County's Motions to Dismiss are GRANTED without prejudice. Plaintiff is directed to file an amended Complaint, addressing pleading deficiencies related to his § 1983 and Monell claims related to the delayed/inadequate treatment, including adding any necessary details, parties, and individual conduct, by June 28, 2019. This is an opportunity for Plaintiff to cure his pending causes of action, not an opportunity for Plaintiff to add new causes of action. Failure to timely amend may result in dismissal of Plaintiff's action. The Clerk of Court is respectfully requested to terminate the pending motions at ECF Nos. 59, 68, 75. The Clerk of the Court is also directed to terminate the following defendants: The United States of America, the Federal Bureau of Prisons, and the Acting Director of the Federal Bureau of Prisons. The Clerk of the Court is further directed to correct the caption and rep lace "Correct Care Solutions, Inc" with "Correct Care Solutions, LLC." Finally, the Clerk of the Court is directed to mail a copy of this decision to the Plaintiff at his last address listed on ECF and to file proof of service o n the docket. SO ORDERED. The United States of America, Acting Director of Federal Bureau of Prisons and Federal Bureau of Prisons terminated., Amended Pleadings due by 6/28/2019. (Signed by Judge Nelson Stephen Roman on 5/28/2019) (rj) Transmission to Docket Assistant Clerk for processing.
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Filing
54
MEMORANDUM AND OPINION re: 49 MOTION to Amend/Correct 2 Complaint. filed by Alexander P. Carno, 47 MOTION to Compel Discovery. filed by Alexander P. Carno, 50 MOTION for Extension of Time. filed by Alexander P. Carno. In lig ht of the foregoing, Plaintiffs motions to compel discovery, for leave to file an amended complaint, and for a continuance are hereby DENIED. The Clerk of the Court is respectfully requested to terminate the motions at ECF Nos. 47, 49, and 50. The Clerk of the Court is further directed to mail a copy of this Order to the Plaintiff at his address as listed on ECF. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 7/30/2018) (ne)
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