McCray v. Westchester County et al
| Johnny McCray |
| Westchester County, Kevin M. Cheverko, Aramark Correctional Services, LLC, Manual Mendoza, Charles, Coley, Penny and Craig |
| 7:2018cv03494 |
| April 17, 2018 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Nelson Stephen Roman |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
73
ORDER: Therefore, the claims previously dismissed without prejudice are dismissed with prejudice. The Clerk of Court is directed to mail a copy of this order to pro se Plaintiff at the address on ECF, show service on the docket, and terminate this action. (Signed by Judge Nelson Stephen Roman on 3/11/2022) (ate) Transmission to Docket Assistant Clerk for processing.
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Filing
71
ORDER & OPINION re: 65 MOTION to Dismiss Plaintiff's Amended Complaint. filed by Aramark Correctional Services, LLC, Aramark Kitchen Civilian Charles, Aramark Kitchen Civilian Coley, Penny Stewart, Manual Mendoza, Aram ark Food Service, Charles Butler, W.C.D.O.C., Aramark Kitchen Civilian Penny, Westchester County, Craig Boissy, Coffey Kohli, Aramark Kitchen Civilain Craig, Kevin M. Cheverko. For the foregoing reasons, the Defendants' motion is GRA NTED. Plaintiff is granted leave to file a Second Amended Complaint as to any claims that have not been dismissed with prejudice. If he chooses to do so, Plaintiff will have until January 31, 2022 to file a Second Amended Complaint consistent with this order. Plaintiff is advised that the Second Amended Complaint will replace not supplement the Amended Complaint so any claims he wants to pursue must be included in or attached to the Second Amended Complaint. An Amended Civil Rights Compla int form is attached to this Order. Defendants are then directed to answer or otherwise respond by February 15, 2022. If Plaintiff fails to file a Second Amended Complaint within the time allowed, and he cannot show good cause to excuse such fail ure, those claims dismissed without prejudice by this order will be deemed dismissed with prejudice. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 65. The Clerk is also respectfully directed to mail a copy of thi s Opinion and Order to Plaintiff at the address listed on ECF, and to file proof of service on the docket. ( Amended Pleadings due by 1/31/2022.) (Signed by Judge Nelson Stephen Roman on 11/30/2021) (ate) Transmission to Docket Assistant Clerk for processing.
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Filing
64
MEMO ENDORSEMENT denying without prejudice 61 Motion to Dismiss; 59 LETTER addressed to Judge Nelson Stephen Roman from John McCray, dated 1/15/21. ENDORSEMENT: The Court reviewed Plaintiff's request for extension of time, dated January 15 , 2021 (ECF No. 59), to oppose Defendants' motion to dismiss. (ECF No. 61) and Defendants' request for the Court to deem their motion unopposed. The Court grants Plaintiff a 60-day extension. No further extensions. Plaintiff shall serve op position papers on or before March 22, 2021. Defendants shall serve reply papers on or before April 6, 2021. The pending motion to dismiss is denied, without prejudice, subject to re-filing on the new reply date, April 6, 2021. The Clerk of the Court is directed to terminate the motion at ECF No. 61. (Signed by Judge Nelson Stephen Roman on 2/4/2021) (cf)
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Filing
58
MEMO ORDER terminating without prejudice to renewal by formal motion 56 Motion to Dismiss. ENDORSEMENT: The Court reviewed Plaintiff's request for a 90-day extension to respond to Defendants' motion to dismiss dated 10/20/2020. (ECF No. 54.) The Court also reviewed Defendants' letter regarding filing of their motion to dismiss dated 11/3/2020. (ECF No. 55.) The Court grants Plaintiff's request for a 90-day extension to respond to Defendants' motion to dismiss. The deadline for Plaintiff to serve his opposition papers is extended from October 19, 2020 to January 19, 2021. The deadline for Defendants to serve their reply papers is extended from November 3, 2020 to February 2, 2021. Defense Counsel shall file all papers on the reply date, February 2, 2021. The parties shall provide two courtesy copies of their respective documents to chambers as the documents are served. As long as Judge Roman's Emergency Rules remain in place, copies shall also b e delivered to chambers in electronic form. Due to Plaintiff's request for an extension, the Clerk of the Court is respectfully directed to terminate the motion at ECF No. 56, without prejudice and subject to re-filing on February 2, 2021. The Clerk of the Court is further directed to send a copy of this endorsement to the Plaintiff and show service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 11/4/20) (yv) Transmission to Docket Assistant Clerk for processing.
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