Baez v. Malin et al
| Candido Baez |
| Lesley Malin, Michael Capra, Lamarr Banks, D. Mason, Mitchell, Jeffrey A. Hale, Quick, Jacqueline Reid, Barleson, T. TenEyck, Ms. S. Dugon, M. Vulcano, Jim Gambino, Doreen Smith, J. Vogel, Reyes, Brandon J. Smith, D. Hammon, Francis Steinbach, Karen M. Cole, Karen Bellamy, J. Kusisto, T. Mauro, Jeff McKoy, Anne Marie McGrath, John Doe #1, John Doe #2 and Anthony Annucci |
| 1:2018cv02850 |
| March 30, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Greene |
| Colleen McMahon |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
74
ORDER OF DISMISSAL: On March 27, 2020, the Court granted in part and denied in part Defendants Motion To Dismiss. (Dkt. No. 71.) The Court severed and transferred certain of Plaintiffs claims to the Northern District of New York. (Id.) The Court also gave Plaintiff 30 days to file a second amended complaint against certain Defendants who Plaintiff intended to sue in their official and individual capacities. Plaintiff did not file a second amended complaint within 30 days of the issuance of the Opinion & Order. Thus, on May 28, 2020, the Court issued an Order directing Plaintiff to show cause, by no later than July 13, 2020, as to why this case should not be dismissed for failure to prosecute. (Order to Show Cause (Dkt. No. 72).) The Court instructed counsel for Defendants to mail a copy of the Order to Plaintiff and to certify on the docket that she did so. (Id.) On May 28, 2020, counsel for Defendants filed a letter informing the Court that when counsel reached out to Green e Correctional Facility, Plaintiff's last known address, counsel learned that Plaintiff was "no longer in the custody of the New York State Department of Corrections and Community Supervision [('DOCCS')]." (Letter from Jen nifer Gashi, Esq. to Court (May 28, 2020) ("Gashi May 28 Letter") 1 (Dkt. No. 73).) Instead, Plaintiff had been released from Wende Correctional Facility into the custody of Immigration and Customs Enforcement ("ICE") on July 9 , 2019. (Id.) Counsel for Defendant then contacted ICE, and was informed that Plaintiff was removed from the United States to the Dominican Republic on August 7, 2019." (Id.) On June 8, 2020, the Order To Show Cause previously mailed to Plain tiff on May 28, 2020 was returned to the Clerk of Court as "Return to Sender, Released." (See Dkt. (entry for June 8, 2020).) To date, Plaintiff has not responded to the Order to Show Cause or otherwise communicated with the Court. Accor dingly, the Court dismisses the Action for failure to prosecute. Counsel for Defendants is directed to mail a copy of this Order to Plaintiff's last known address, at Greene Correctional Facility, and to certify that she did so on the docket by June 29, 2020. (And as further set forth herein.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/25/2020) (jca)
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Filing
71
OPINION AND ORDER re: 67 MOTION to Dismiss . filed by Mary Vann, Jeffrey A. Hale, J. Kusisto, Anthony Annucci, Ms. Bartleson, J. Vogel, Michael Capra, Jeff McKoy, Doreen Smith, Mitchell, Jim Gambino, Anne Marie McGrath, Nancy J. Heywood, Bink, ORC, Ms. S. Dugon, Jacqueline Reid, Francis Steinbach, Kevin P. Bruen, Brandon J. Smith, Megan MacTavish, Quick, Karen M. Cole, Reyes, Lamarr Banks, Karen Bellamy, D. Mason, Lesley Malin, T. Mauro, T. TenEyck, D. H ammon, M. Vulcano. For the reasons stated above, Defendants' Motion To Dismiss is granted in part and denied in part. All claims related to Plaintiff's incarceration at Greene and the Greene Defendants, with the exception of Plaintiff� 39;s claims against Defendants Mitchell, Heywood, MacTavish, and Vann, are severed and transferred to the Northern District of New York. Plaintiffs claims related to his incarceration at Sing Sing and against Defendants Mitchell, Heywood, MacTavi sh, and Vann are to remain in this District. If Plaintiff wishes to file a second amended complaint against the Defendants who Plaintiff intends to sue in their official and individual capacities, Plaintiff must do so within 30 days of the date of this Opinion. Plaintiff is advised that the second amended complaint will replace, not supplement, all prior complaints. The second amended complaint must contain all of the claims, factual allegations, and exhibits that Plaintiff wishes the Court to consider. Failure to file a second amended complaint may result of dismissal of certain of Plaintiff's claims with prejudice. The Clerk of the Court is respectfully directed to terminate the pending Motion, (Dkt. No. 67), and mail a copy of this Opinion to Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/25/2020) (jca) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing.
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