Townsley v. New York State Department of Corrections and Community Supervision et al
| Tayden Townsley |
| New York State Department of Corrections and Community Supervision (DOCCS), Superintendent William A. Lee, Lieutenant Tokarz, Sgt. Neil Yando, C.O. Robert Snedeker, C.O. Warren Freeman, C.O. James Lawyer, C.O. William Stevens, Investigator Frank Ortiz and Dr. Goulding |
| 1:2016cv03837 |
| May 23, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Seneca |
| Unassigned |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
42
OPINION AND ORDER: re: 29 MOTION to Dismiss filed by Superintendent William A. Lee, Investigator Frank Ortiz, C.O. James Lawyer, C.O. Robert Snedeker, Sgt. Neil Yando, Lieutenant Tokarz, C.O. William Stevens, C.O. Warren Freeman, Th e Estate of Dr. Goulding. Defendants' motion to dismiss based on Rule 12(b)(6) is GRANTED as to defendants Lee, Tokarz, and Ortiz. As to defendants Estate of Dr. Goulding, Yando, Snedeker, Freeman, Lawyer, and Stevens, the motion to dismiss is c onverted to a motion for summary judgment, Fed. R. Civ. P. 12(d). 56, and that motion is also GRANTED. Plaintiff is granted leave to file an amended complaint as to defendant Ortiz only. The Clerk is instructed to terminate the motion (Doc. #29). The Clerk is further instructed to mail a copy of this Opinion and Order to plaintiff. Plaintiff's amended complaint, if any, shall be filed by August 25, 2017, in accordance with Part V above. Plaintiff is directed to utilize the Amended Complaint form attached hereto. If plaintiff fails to submit or chooses not to submit an amended complaint by August 25, 2017, the Court will dismiss this case. The Court certifies pursuant to 28 U.S.C. § 191 5(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v United States, 369 U.S. 438, 444-45 (1962). SO ORDERED., ( Amended Pleadings due by 8/25/2017.) (Signed by Judge Vincent L. Briccetti on 7/14/2017) (ama)
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