Candelario v. Quality Choice Correctional Health Care et al
| Jovan Candelario |
| Quality Choice Correctional Health Care, A. Cupertino, J Reynolds and RN. Dittmeier |
| 1:2016cv02083 |
| March 21, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Orange |
| Loretta A. Preska |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
54
OPINION & ORDER re: 51 FIRST MOTION to Dismiss Complaint filed by RN. Dittmeier. For the reasons stated above, Defendant Nurse Dittmeier's Motion To Dismiss is granted. In light of Plaintiff's pro se status, and because this is the first adjudication of Plaintiff's claims against Nurse Dittmeier on the merits, his claims are dismissed without prejudice. If Plaintiff wishes to file an Amended Complaint alleging additional facts and otherwise addressing the deficienc ies identified above, Plaintiff must do so within 30 days of the date of this Opinion & Order. Failure to do so will result in the dismissal of this Action with prejudice. The Clerk of Court is respectfully direct to terminate the pending Motion, (see Dkt. No. 51), and mail a copy of this Opinion & Order to the pro se Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 5/16/2018) (mml)
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Filing
46
OPINION & ORDER re: 35 FIRST MOTION to Dismiss filed by A. Cupertino, 38 FIRST MOTION to Dismiss filed by Quality Choice Correctional Health Care. For the reasons stated above, Defendants Quality Choice's and Nurse Cupertino's Motions To Dismiss are granted. In light of Plaintiff's pro se status, and because this is the first adjudication of Plaintiff's claims on the merits, his claims are dismissed without prejudice. If Plaint iff wishes to file an Amended Complaint alleging additional facts and otherwise addressing the deficiencies identified above, Plaintiff must do so within 30 days of the date of this Opinion & Order. Failure to do so will result in the dismiss al of this Action with prejudice. Nurses Reynolds and Dittmeier have yet to be served or appear in this Action. (See Dkt.) An attempt to serve these Defendants was made on July 26, 2016, (see Dkt. Nos. 1415), and the "Process Receipt and R eturn" forms note that both Defendants no longer work at the listed address, (see id.). Plaintiff's time to effect service expired on September 19, 2016 and he has not requested an extension of time. However, as the Court has an ob ligation "to make reasonable allowances to protect pro se litigants from inadvertent forfeiture of important rights because of their lack of legal training," Traguth v. Zuck, 710 F.2d 90, 95 (2d Cir. 1983) (italics omitted), and bec ause the Second Circuit has a "clearly expressed preference that litigation disputes be resolved on the merits," Mejia v. Castle Hotel, Inc., 164 F.R.D. 343, 346 (S.D.N.Y. 1996); see also Cody v. Mello, 59 F.3d 13, 15 (2d Cir. 1995) (sa me), the Court will provide additional time for Plaintiff to effect service on the unserved Defendants. Accordingly, within 14 days of the date of this Order, Quality Choice is directed to file a letter with the Court, providing addresses at which Nurses Reynolds and Dittmeier can be served. The Court will issue an Order of Service upon receipt. The Clerk of Court is respectfully direct to terminate the pending Motions, (see Dkt. Nos. 35, 38), and mail a copy of this Opinion & Order to the pro se Plaintiff. A. Cupertino and Quality Choice Correctional Health Care terminated. (Signed by Judge Kenneth M. Karas on 7/17/2017) (mro)
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