Barnett v. Westchester County et al
| Jerome Barnett |
| Westchester County, Kevin M. Cheverko, Aramark Correctional Services, LLC, Manuel Mendoza, Charles, Coley, Penny and Craig |
| 1:2018cv02483 |
| April 2, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Westchester |
| Colleen McMahon |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
62
OPINION & ORDER: re: 59 MOTION to Dismiss Plaintiff's Amended Complaint. filed by Penny, Aramark Correctional Services, LLC, Craig, Penny Stewart, Manuel Mendoza, Charles Butler, Charles, Aramark Food Services, W estchester County, Craig Boissy, Coffey Kohli, Coley, Kevin M. Cheverko. For the foregoing reasons, Defendants motion to dismiss is GRANTED. Plaintiff's remaining claims are dismissed without prejudice and with leave to replea d. Plaintiff may file a Second Amended Complaint consistent with this Opinion on or before October 21, 2021. An Amended Civil Rights Complaint form is attached to this Order. Failure to file an Amended Complaint within the tim e allowed, and without good cause to excuse such failure, will result in dismissal of Plaintiff's Complaint with prejudice. The Clerk of the Court is respectfully directed to terminate Defendants' Motion to Dismiss at ECF No. 59. The C lerk of the Court is further directed to mail a copy of this Opinion to Plaintiff at his last address listed on ECF and show proof of service on the docket. So Ordered. (Signed by Judge Nelson Stephen Roman on 9/4/2021) (js) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.
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Filing
53
ORDER: Accordingly, this action is still in its early stages. The Court is also unable to determine that Plaintiff is unable to handle this case without assistance, although this conclusion may change as the action continues. Therefore, because th e Court does not find any circumstances which warrant the appointment of pro bono counsel at this time, Plaintiffs application is denied without prejudice to renewal at a later stage. With respect to Plaintiffs filing of his Amended Complaint afte r the deadline imposed by the Court, the Court is cognizant of the difficulties Plaintiff may have faced in attempting to adhere to that deadline in light of the ongoing global pandemic and the many restrictions it has necessitated. Therefore, th e Court accepts the Amended Complaint nunc pro tune and directs Defendants to file their answers or otherwise respond on or before August 21, 2020. The Clerk of the Court is respectfully directed to mail a copy of this Order to Plaintiff and show proof of service on the docket. (Aramark Food Services answer due 8/21/2020; Charles Butler answer due 8/21/2020; Kevin M. Cheverko answer due 8/21/2020; Coffey Kohli answer due 8/21/2020; Manuel Mendoza answer due 8/21/2020; Westchester County answer due 8/21/2020.) (Signed by Judge Nelson Stephen Roman on 7/14/2020) (rro)
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Filing
45
ORDER: Accordingly, this action is still in its early stages. The Court is also unable to determine that Plaintiff is unable to handle this case without assistance, although this conclusion may change as the action continues. Therefore, because the Court does not find any circumstances which warrant the appointment of pro bono counsel at this time, Plaintiffs application must be DENIED without prejudice to renew it at a later stage. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff at his address as listed on ECF and to show proof of service on the docket. (Signed by Judge Nelson Stephen Roman on 3/10/2020) (rro) Transmission to Docket Assistant Clerk for processing.
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