Jones v. Avanzato et al
| Glynn Jones |
| Joseph Avanzato, Supple, Hasen, D. Simons, Gray Midelton, Ahmed Asif, McGuire and D.M. M. Sullivan |
| 1:2014cv02044 |
| March 10, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kings |
| Unassigned |
| Other Civil Rights |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
46
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 45 Report and Recommendations. The Court adopts MJ Davison's R&R in its entirety. The action is dismissed in its entirety for lack of prosecution. The Clerk of Court is directed to close this ca se accordingly. As Plaintiff has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253( c)(2); Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005); Lozada v. Un ited States, 107 F.3d 1011, 1017 (2d Cir. 1997), abrogated on other grounds by United States v. Perez, 129 F.3d 225, 259-60 (2d Cir. 1997). The Court certifies pursuant to 18 U.S.C. § 1915(a)(3) that any appeal from this order would not be ta ken in good faith, and therefore in form a pauperis status is denied for the purposes of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). So Ordered. (Signed by Judge Nelson Stephen Roman on 3/21/17) Copies Mailed By Chambers. (yv)
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Filing
30
OPINION & ORDER re: 25 MOTION to Dismiss filed by McGuire, D.M. M. Sullivan, D. Simons, Ahmed Asif, Supple, Hasen, Joseph Avanzato, Gray Midelton. For the foregoing reasons, Defendants' motion to dismiss is GRANTED wit h respect to Plaintiff's claims against Doctor Avanzato, Doctor Midelton, and Nurse Sullivan and DENIED with respect to Plaintiff's claims against Doctor Supple, Doctor Hasen, Doctor Asif, Nurse Simons, and Nurse McGuire. Defendants Doctor Supple, Doctor Hasen, Doctor Asif, Nurse Simons, and Nurse McGuire are directed to file an answer within 30 days hereof. The parties are directed to appear for an initial pre-trial conference on March 14, 2016 at 10:00 a.m. Parties are further directed to submit a completed case management plan. The Court respectfully directs the Clerk to terminate the motion at ECF No. 25. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 1/13/2016) Copies Mailed By Chambers. (mml)
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