Whitley v. NYSDOCCS et al
| Vidal M. Whitley |
| NYSDOCCS, Green Haven Correctional Facility, Putnam Hospital Doctor, Vincent Ort, Robert V. Bentivegna, James V. Sutter and Vander Steeg |
| 1:2017cv03652 |
| May 15, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Colleen McMahon |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
74
ORDER: Based upon the foregoing, and viewing the record in its entirety, the Court finds that dismissal of this action under Federal Rule of Civil Procedure 41(b) is appropriate. Accordingly, this action is DISMISSED without prejudice. The Clerk of the Court is respectfully directed to terminate this action, and mail a copy of this Order to Plaintiff at the following addresses: Vidal M. Whitley 360 St. Paul Street Rochester, New York 14605; Vidal Whitley 360 St. Paul Street, Apt. 413 Rochester, New York 14605; Vidal Whitley 574 Joseph Center Rochester, New York 14605. SO ORDERED. (Signed by Judge Philip M. Halpern on 7/30/2021) (jca) Transmission to Docket Assistant Clerk for processing.
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Filing
73
ORDER TO SHOW CAUSE: Accordingly, it is hereby ordered that Plaintiff show cause in writing on or before June 1, 2021, why this action should not be dismissed without prejudice for want of prosecution pursuant to Rule 41(b). Failure to respond t o this Order will result in dismissal of this case without prejudice for want of prosecution. The Clerk of the Court is respectfully directed to mail a copy of this Order, the February 5, 2021 Order (Doc. 72), the January 4, 2021 Order (Doc. 70), t he November 9, 2020 Order (Doc. 69), and the Notice of Initial Conference (Doc. 68) to Plaintiff at the following addresses: Vidal M. Whitley, 360 St. Paul Street, Rochester, New York 14605; Vidal Whitley, 360 St. Paul Street, Apt. 413, Rochester, New York 14605; Vidal Whitley, 574 Joseph Center, Rochester, New York 14605. SO ORDERED (Signed by Judge Philip M. Halpern on 4/30/2021) (ks) Transmission to Docket Assistant Clerk for processing.
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Filing
72
ORDER. It is Plaintiff's obligation to provide the Court with an address for mail service, see Fed. R. Civ. P. 11(a), but he has not done so. The Court therefore directs Plaintiff, within thirty days, to provide the Court with his new mailing a ddress. The Court may dismiss this action without prejudice if Plaintiff fails to provide the Court with an address for service. The conference scheduled for February 9, 2021 is adjourned sine die. The Clerk of the Court is respectfully directed to m ail a copy of this Order, as well as the Court's January 4, 2021 Order (Doc. 70), November 9, 2020 Order (Doc. 69), and Notice of Initial Conference (Doc. 68) to Plaintiff at the address listed on the docket, as well as the following addresses, retrieved from a related action, Whitley v. Bowden, No. 17-CV-3564: Vidal Whitley, 360 St. Paul Street, Apt. 413, Rochester, New York 14605. Vidal Whitley, 574 Joseph Center, Rochester, New York 14605. SO ORDERED. (Signed by Judge Philip M. Halpern on 2/5/21) (yv) Transmission to Docket Assistant Clerk for processing.
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Filing
70
ORDER: Accordingly, the conference scheduled for 9:30 a.m. on January 5, 2021 is rescheduled to February 9, 2021 at 11:00 am. At the time of the scheduled conference, the parties shall call: (888) 398-2343; access code: 3456831. The parties are reminded that they must file a Proposed Civil Case Discovery Plan and Scheduling Order at least one week before the new conference date. The Clerk of the Court is respectfully directed to mail a copy of this Order, the November 9, 2020 Order (Doc . 69), and the Notice of Initial Conference (Doc. 68) to Plaintiff. SO ORDERED (Signed by Judge Philip M. Halpern on 1/4/2021) ( Initial Conference set for 2/9/2021 at 11:00 AM before Judge Philip M. Halpern.) (ks) Transmission to Docket Assistant Clerk for processing.
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Filing
69
ORDER: Due to a scheduling conflict, the conference scheduled for 11:00 a.m. on November 10, 2020 is rescheduled to January 5, 2021 at 9:30 a.m. At the time of the scheduled conference, the parties shall call: (888) 398-2343; access code: 345683 1. Defense counsel shall serve Plaintiff with a copy of this Order, as well as a copy of the Notice of Initial Conference (Doc. 68), and file proof of service on the docket. The parties are reminded that they must file a Proposed Civil Case Discovery Plan and Scheduling Order at least one week before the new conference date. SO ORDERED. (Signed by Judge Philip M. Halpern on 11/9/2020) ( Telephone Conference set for 1/5/2021 at 09:30 AM before Judge Philip M. Halpern.) (ks)
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Filing
53
OPINION AND ORDER re: 27 MOTION to Dismiss Pursuant to 12(b)(6) and Dismissal of Cross-Claims; 24 MOTION for Judgment on the Pleadings: For the foregoing reasons, Defendants Motions to Dismiss is granted in part and denied in pa rt. The Court dismisses the claims against Dr. Bentivegna and Dr. Van der Steeg, but denies the Motion to Dismiss the Eighth Amendment claims against Nurse McDonald. However, because this is the first adjudication of Plaintiffs claims on the merits, the dismissal 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 &qu ot;amendment 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 amended complaint will replace, not supplement, the Complaint currently 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 Pl aintiff fails to abide by the 30-day deadline, the dismissed claims could be dismissed with prejudice, and the case will go forward without Dr. Bentivegna or Dr. Van der Steeg. The Clerk of the Court is respectfully requested to terminate the pending motions, (Dkt. Nos. 24, 27), and to mail a copy of this Opinion to Plaintiff. (Vander Steeg and Robert V. Bentivegna terminated. (Signed by Judge Kenneth M. Karas on 9/28/2018) (jwh)
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