Ayuso v. Griffin et al
| Marcus Ayuso |
| Thomas Griffin, R. Bentivegna, T. Sawyer and Eric Gutwein |
| 1:2018cv03419 |
| April 18, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Cayuga |
| Unassigned |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
77
OPINION & ORDER re: 74 FIRST MOTION to Dismiss Pursuant to FRCP 25. filed by T. Sawyer. For the foregoing reasons, the Court GRANTS Defendant's motion to dismiss without prejudice. Defendant is kindly directed to mail a copy of this Order to pro se Plaintiff and Ms. Ayuso and show proof of service on the docket. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 74 and to terminate the action. (Signed by Judge Nelson Stephen Roman on 11/28/2023) (ate)
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Filing
66
ORDER denying without prejudice 55 Motion to Appoint Counsel. For the foregoing reasons, the Court DENIES Plaintiff's request for pro bono counsel without prejudice. Plaintiff may renew his motion at a later stage of the litigation. The Clerk of the Court is kindly directed to mail a copy of this Order to pro se Plaintiff at the address listed on ECF and show proof of service on the docket. The Clerk of Court is further directed to terminate the motion at ECF No. 55. (Signed by Judge Nelson Stephen Roman on 2/25/2022) (ate) Transmission to Docket Assistant Clerk for processing.
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Filing
53
OPINION AND ORDER re: 49 MOTION to Dismiss the Amended Complaint for Failure to State a Claim. filed by R. Bentivegna. For the foregoing reasons, Defendant's Motion to Dismiss is GRANTED. Plaintiff's Eighth Amendment clai ms against Dr. Bentivegna are dismissed with prejudice. Accordingly, the Clerk of the Court is respectfully directed to terminate Defendant's Motion to Dismiss at ECF No. 49 and terminate Dr. Bentivegna as a Defendant in this action. The Clerk o f the Court is further directed to mail a copy of this Opinion to pro se Plaintiff at the address listed on ECF and to show service on the docket. The only remaining claim in this case is against Defendant CO Sawyer, who answered the Amended Complain t on March 6, 2020. (ECF No. 42.) The remaining parties Defendant CO Sawyer, and Plaintiffare directed to confer and to jointly complete and file the attached Scheduling Order on or before July 21, 2021. If, due to Plaintiff's incarceration, it is not possible for the parties to confer, then CO Sawyer and Plaintiff are each directed to file a proposed case management plan on or before July 21, 2021. After review and approval of the Scheduling Order, the Court will issue an Order of Referenc e to Magistrate Judge Paul E. Davison for general pretrial purposes. The parties are directed to contact Judge Davison within seven (7) business days of the date of the Order of Reference to schedule a conference. SO ORDERED. R. Bentivegna terminated. (Signed by Judge Nelson Stephen Roman on 6/21/2021) (kv) Transmission to Docket Assistant Clerk for processing.
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Filing
41
ORDER re: 39 Letter filed by Marcus Ayuso. At this early stage in the proceedings, there is no indication that Plaintiff's position seems likely to be of substance or that there are particularly complex issues requiring the appointment of pro bono counsel. The Court is also unable to determine that Plaintiff is unable to handle this case without assistance, although this conclusion may change as the action continues. Therefore, because the Court does not find any circumstances which w arrant the appointment of pro bono counsel at this time, Plaintiff's application must be DENIED without prejudice to renew it at a later stage in the proceedings. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff at his address as listed on ECF and to show proof of service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 2/25/2020) (va) Transmission to Docket Assistant Clerk for processing.
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Filing
38
OPINION & ORDER re: 32 MOTION to Dismiss Partial Motion to Dismiss the Complaint pursuant to Fed. R. Civ. P. 12(b)(6). filed by Thomas Griffin, Eric Gutwein, T. Sawyer, R. Bentivegna., For the foregoing reasons, Defendants' partial motion to dismiss is GRANTED in part and DENIED in part. Plaintiff's due process claims against Hearing Officer Gutwein and Superintendent Griffin are dismissed with prejudice. Plaintiff's claim against CO Sawyer regarding the mis behavior report is also dismissed with prejudice. Plaintiff's Eighth Amendment excessive force claim is dismissed with prejudice as against Superintendent Griffin. Plaintiff's Eighth Amendment medical indifference claim against Dr. Benti vegna is dismissed without prejudice to renew. The Eighth Amendment claim against CO Sawyer remains. Plaintiff may file an Amended Complaint consistent with this Opinion, on or before February 13, 2020, should he choose to reassert his Eighth Amen dment claim against Dr. Bentivegna, which was dismissed without prejudice. Because Plaintiffs amended complaint will completely replace, not supplement, the original complaint, any facts or claims that Plaintiff wishes to remain-aside from those c laims dismissed with prejudice per this Order-must be included in the amended complaint. Accordingly, the Clerk of the Court is respectfully directed to terminate Defendants' Partial Motion to Dismiss at ECF No. 32. If Plaintiff does not fil e an Amended Complaint by February 13, 2020, the remaining Defendant CO Sawyer is directed to file an answer as to the surviving claims of the original Complaint on or before March 16, 2020. The parties are directed to confer, complete, and submit to the Court the attached case management plan on or before April 6, 2020. The Clerk of the Court is directed to terminate Defendants Hearing Officer Gutwein, Superintendent Griffin, and Dr. Bentivegna. The Clerk of the Court is further directed t o mail a copy of this Opinion to Plaintiff at his last address listed on ECF and file proof of service on the docket., T. Sawyer answer due 3/16/2020. Amended Pleadings due by 2/13/2020., Eric Gutwein (Commissioner Hearing Officer), R. Bentivegna and Thomas Griffin (Superintendent) terminated. (Signed by Judge Nelson Stephen Roman on 1/14/2020) (rj) Transmission to Docket Assistant Clerk for processing.
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