Porter v. Bunch et al
| Melvin Porter |
| NYS DOCCS Sergeant Timothy Bunch, NYS DOCCS Officer Pappas, NYS DOCCS Officer Gascho, NYS DOCCS Officer Sorge, NYS DOCCS Officer Waith, NYS DOCCS Nurse Liciaga and NYS DOCCS John and Jane Doe Correctional Officers 1-15 |
| 7:2016cv05935 |
| July 25, 2016 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Sullivan |
| Kenneth M. Karas |
| Civil Rights |
| 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
114
SCHEDULING ORDER: TO ALL PARTIES: In order to slow the spread of COVID-19, the Court will hold all settlement conferences by telephone. Counsel shall call the following number at the time of the conference: Toll-Free Number: 877-873-8017, Access Cod e: 4264138. If counsel prefer an in-person settlement conference, they shall request, in writing, that the Court reschedule the settlement conference to a date at least 30 days from the date of this order. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 3/16/2020) (kv)
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Filing
113
ORDER granting 112 Letter Motion for Extension of Time to File. Granted. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/4/2020) (jca)
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Filing
93
OPINION AND ORDER: re: 84 MOTION to Dismiss Certain Claims in the Third Amended Complaint filed by NYS DOCCS Nurse Carol Liciaga, NYS DOCCS Officer Steven Gascho, NYS DOCCS Officer Joshua Pappas, NYS DOCCS Officer Michael Sorge, NYS DOCCS Sergea nt Timothy Bunch, NYS DOCCS Sergeant W. Cole, NYS DOCCS Officer Waith. For the foregoing reasons, Defendants' Motion to Dismiss is granted. However, because this is the first formal adjudication of Plaintiff's claims on the merits, the dis missal is without prejudice. See Terry v. Inc. Vill. Of Patchogue, 826 F.3d 631, 633 (2d Cir. 2016) (explaining that "district judges should, as a general matter, liberally permit pro se litigants to amend their pleadings" unless "amen dment would be futile"). Should Plaintiff choose to file an amended complaint, he must do so within 30 days of this Opinion, addressing the deficiencies identified herein. The new amended complaint will replace, not supplement, the complaint cur rently before the Court. It therefore must contain all of the claims and factual allegations Plaintiff wishes the Court to consider. The Court will not consider factual allegations raised in supplemental declarations, affidavits, or letters. If Plain tiff fails to abide by the 30-day deadline, this Action could be dismissed with prejudice. The Clerk of the Court is respectfully requested to terminate the pending motion, (Dkt. No. 84). SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/29/2019) (ama)
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