Szabo et al v. Mid-Hudson Forensic Psychiatric Center et al
| Jessica C. Szabo, Dawn Dippell and Thomas Aikens |
| Mid-Hudson Forensic Psychiatric Center, NYS Office of Mental Health, State of New York, New York State Police, "John" Walter, "John" Hillard, Frederick Rhoades, Marie Nadine Leonty, Jordan Mirlande, Osiris Rivas, Diana Paraschiv, Joseph Freebern, Mental Hygiene Legal Services, Tammy Delile-Abbatine, "Jane" Grossman, Dawn Anderson, Jorge "Doe, "Jane" Gonzalez, Jane Doe 7, NYS State Office of Mental Health "Safety Police, Jane Doe 1, Jane Doe 2, "Jane" Rodriguez, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Beth Boyasrsky, Darcic Miller, William Haas, Howard Leibovitch and Vega Lalire |
| 7:2016cv07293 |
| September 19, 2016 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Orange |
| Vincent L. Briccetti |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
134
OPINION AND ORDER re: 103 FIRST MOTION to Dismiss Plaintiffs' Amended Complaint. filed by "John" Hillard, "Jane" Grossman, "John" Walter, Lisa Rodriguez, Diana Paraschiv, Nadine Marie Leonty, Ingri d Montgomery, Dawn Anderson, "Jane" Jordan, Radamus Jorge, Joseph Freebern, Tammi Miller, Tameka Medlin, Jordan Mirlande, Osiris Rivas, "Jane" Gonzalez, Beth Boyasrsky, Joanna Brock, Frederick Rhoades, Shahla Gorovoy . Defendants' motion to dismiss is GRANTED. Plaintiff is granted leave to file a second amended complaint with the limitations described herein. Plaintiff shall use the Second Amended Complaint form attached hereto. Plaintiff shall file her sec ond amended complaint by no later than March 5, 2018. If plaintiff fails to comply with this Order, the case may be dismissed for failure to prosecute or failure to comply with a court order. Fed. R. Civ. P. 41(b). Finally, the Court has previously instructed plaintiff that it is her obligation to notify the Court in writing if her address changes. (See Docs. ## 14, 56). Moreover, plaintiff appears to be aware of this obligation, as evidenced by the fact that she has filed several notices o f change of address in this case to date. (See Docs.## 3, 11, 63, 82, 88). Nevertheless, the New York State Department of Corrections and Community Supervision website indicates that plaintiff was released from custody on December 28, 2017. Yet she has not updated her address. Accordingly, by March 5, 2018, plaintiff shall update her address on the docket. If she fails to do so, the Court may dismiss this case. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from t his 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). The Clerk is instructed to terminate the motion (Doc. #103) and m ail a copy of this Opinion and Order to plaintiff Jessica Szabo at the address that appears on the docket., So Ordered. (Amended Pleadings due by 3/5/2018.) (Signed by Judge Vincent L. Briccetti on 2/1/18) Copies mailed by Chambers. (yv) Modified on 2/1/2018 (yv).
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Filing
115
OPINION AND ORDER re: 91 MOTION to Dismiss For Failure to State a Claim Upon Which Relief Can be Granted Pursuant to Fed. R. Civ. P. 12(B)(6). filed by Vega Lalire, 33 FIRST MOTION to Dismiss for Lack of Jurisdiction Pre-Answe r Motion to Dismiss on behalf of Defendant Dr. Leibovitch. filed by Howard Leibovitch, 45 MOTION to Dismiss . filed by Darcie Miller, Orange County Correctional Facility, 22 MOTION to Dismiss Plaintiffs' Complaint a nd Amended Complaint, With Prejudice, On The Grounds That It Fails To State A Cause of Action. filed by William Haas, 69 MOTION to Dismiss . filed by Orange County. Defendants Haas, Lalire, Leibovitch, Miller, and the County' ;s motions to dismiss are GRANTED. The Court certifies pursuant to 28 U.S.C. § 1915(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 Copp edge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk is instructed to (i) terminate the motions (Docs. ##22, 33, 45, 69, 91); (ii) terminate William Haas, Vega Lalire, Howard Leibovitch, Darcie Miller, and Orange County as defendants; (ii i) terminate Thomas Aikens as a plaintiff; and (iv) mail a copy of this Opinion and Order to plaintiffs Thomas Aikens and Jessica Szabo. SO ORDERED., (Vega Lalire (Consultant Psychologist), Howard Leibovitch (Licensed Psychologist - NYS #010213), Darcie Miller, Orange County, Thomas Aikens and William Haas (Licensed Psychologist - NYS #013968) terminated.) (Signed by Judge Vincent L. Briccetti on 9/18/17) (yv)
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