Norman v. John Doe et al
| Joseph Norman |
| John Doe, Mt. Vernon Hospital, Felix Ezekwe, M.D. and Health Care Provider |
| 1:2017cv09174 |
| November 21, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Colleen McMahon |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
134
ORDER: IT IS, on this 9th day of February, 2021 ORDERED as follows: That Roy W. Breitenbach has withdrawn as Counsel for Defendant Montefiore Mount Vernon Hospital. Attorney Roy W. Breitenbach terminated. (Signed by Judge Kenneth M. Karas on 2/9/2021) (jca)
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Filing
116
ORDER GRANTING PRO BONO COUNSEL: The Court directs that the Clerk of Court seek pro bono counsel to enter a limited appearance for the purpose of defending Plaintiff against Defendants Motions To Dismiss the Fourth Amended Complaint in the abov e-captioned action. Counsel will file a Notice of Limited Appearance as Pro Bono Counsel. For the foregoing reasons, the Clerk of Court is directed to attempt to locate pro bono counsel to represent Plaintiff for the limited purposes described ab ove. 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 Plaint iff. 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 without an attorney. (And as further set forth herein.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/19/2020) (jca) Transmission to Office of Pro Se Litigation for processing.
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Filing
99
OPINION AND ORDER re: 90 MOTION to Dismiss for Lack of Jurisdiction - Subject Matter Jurisdiction. MOTION to Dismiss the Third Amended Complaint. filed by Dr. Magill, Felix Ezekwe, M.D., 85 MOTION to Dismiss Third Amended Complaint. filed by Oscar Marcilla, 79 MOTION to Dismiss Third Amended Complaint. filed by Mt. Vernon Hospital. For the foregoing reasons, Mount Vernons Motion To Dismiss is granted, Dr. Marcilla's Motion To Dismi ss is granted, and State Defendants' Motion To Dismiss is granted in part and denied in part. Plaintiff's claims against Mount Vernon and Dr. Marcilla are dismissed without prejudice. Plaintiff's claims against Dr. Ezekwe and claims against Dr. Magill related to the removal of his surgical pins are dismissed with prejudice. Any claims against Dr. Magill in his official capacity or under state law are also dismissed. However, Plaintiffs claims against Dr. Magill related to the delay in surgery survive the instant Motions. If Plaintiff wishes to file a fourth amended complaint as to Defendants Mount Vernon, Dr. Marcilla, and Dr. Magill only, Plaintiff must do so within 30 days of the date of this Opinion. Plaintiff shou ld include within that fourth amended complaint all changes to correct the deficiencies identified in this Opinion that Plaintiff wishes the Court to consider. Plaintiff is advised that the fourth amended complaint will replace, not supplement, all prior complaints and filings. The fourth amended complaint must contain all of the claims, factual allegations, and exhibits that Plaintiff wishes the Court to consider. If Plaintiff fails to abide by the 30-day deadline, his claims may be dismis sed with prejudice. The Clerk of Court is respectfully directed to terminate the pending Motions, (Dkt. Nos. 79, 85, 90), and to mail a copy of this Opinion & Order to Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 7/31/2020) (jca) Transmission to Docket Assistant Clerk for processing.
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Filing
61
OPINION AND ORDER: For the foregoing reasons, Provider Defendants' Motion To Dismiss is granted. However, because this is the first adjudication of Plaintiffs claims on the merits, the dismissal is without prejudice. See Terry v. Inc. Vill. of Patchogue, 826 F.3d 631, 633 (2d Cir. 2016) (explaining that "district judges should, as a general matter, liberally permit pro se litigants to amend their pleadings" unless "amendment would be futile" (citation omitted)). Sh ould Plaintiff choose to file a third amended complaint, he must do so within 30 days of this Opinion, addressing the deficiencies identified herein. The third amended complaint will replace, not supplement, the Complaint currently before the Cour t. It therefore must contain all of the claims and factual allegations Plaintiff wishes the Court to consider. The Court will not consider factual allegations raised in supplemental declarations, affidavits, or letters. If Plaintiff fails to abide by the 30-day deadline, this action may be dismissed with prejudice. The Clerk of the Court is respectfully requested to terminate the pending motion, (Dkt. No. 47), and to mail a copy of this Opinion to Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 7/10/2019) (jca) Transmission to Docket Assistant Clerk for processing.
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