Gunn v. Bentivegna et al
| Darrell Gunn |
| Dr. Robert V. Bentivegna, Ms. Hennessy and Christine Raffaele |
| 1:2020cv02440 |
| March 17, 2020 |
| US District Court for the Southern District of New York |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
29
CLERK'S JUDGMENT re: 28 Memorandum & Opinion in favor of Christine Raffaele, Ms. Hennessy, Robert Bentivegna against Darrell Gunn. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated September 8, 2021, Defendants' Motion To Dismiss is granted. Because this is the second adjudication of Plaintiff's claims on the merits, the claims are dismissed with prejudice; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/9/2021) (Attachments: # 1 Right to Appeal) (km)
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Filing
28
OPINION & ORDER re: 23 MOTION to Dismiss Amended Complaint. filed by Ms. Hennessy, Robert Bentivegna, Christine Raffaele. The Court grants Defendants' Motion To Dismiss. Because this is the second adjudication of Plaintiff� 39;s claims on the merits, the claims are dismissed with prejudice. The Clerk of Court is respectfully directed to terminate the pending Motion, (Dkt. No. 23), to mail a copy of this Opinion & Order to Plaintiff, and close this case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/8/21) (yv) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.
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Filing
10
ORDER OF SERVICE: The Court directs the Clerk of Court to mail a copy of this Order to Plaintiff, together with an information package. The Court also directs the Clerk of Court to (1) issue summonses for Defendants Dr. Robert V. Bentivegna, Ms . Hennessy, and Christine Raffaele, (2) complete USM-285 Forms with the service addresses for these Defendants, and (3) deliver all documents necessary to effect service on these Defendants to the U.S. Marshals Service. The Court certifies under 2 8 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Kenneth M. Karas on 7/27/2020) (jca) Transmission to Pro Se Assistants for processing.
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Filing
7
ORDER OF DISMISSAL: Chambers will mail a copy of the order to Plaintiff. The Court dismisses this action. The Court dismisses Plaintiff's claims under 42 U.S.C. § 1983 against DOCCS, as well as his claims under § 1983 for damages aga inst the individual defendants, in their official capacities, under the doctrine of Eleventh Amendment immunity. 28 U.S.C. § 1915(e)(2)(B)(iii). The Court also dismisses Plaintiff's claims under § 1983 arising from the individual de fendants failure to follow DOCCS Directive #4309 for failure to state a claim on which relief may be granted. § 1915(e)(2)(B)(ii). The Court further dismisses Plaintiffs claims for damages under state law. § 1915(e)(2)(B)(iii); Fed. R. Ci v. P. 12(h)(3). In addition, the Court dismisses Plaintiff's claims under § 1983 in which he alleges that the individual defendants failed to provide him with adequate medical or mental-health treatment for failure to state a claim on whi ch relief may be granted. § 1915(e)(2)(B)(ii). And the Court dismisses his claim under § 1983 that Raffaele retaliated against him for the same reason. Id. But the Court grants Plaintiff leave to replead these two types claims under § ; 1983 in an amended complaint to be filed within 30 days of the date of this order. If Plaintiff fails to file an amended complaint within the time allowed, the Court will enter a judgment in which the Court dismisses this action for the reasons discussed in this order. Parties: New York State Department of Corrections and Community Supervision, Christine Raffaele (Registered Nurse), Robert V. Bentivegna (F.H.S.D.) and Hennessy (MHU Unit Chief) terminated. (Signed by Judge Louis L. Stanton on 5/19/2020) (sac)
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Filing
4
ORDER DIRECTING PRISONER AUTHORIZATION: Plaintiff is directed to submit a completed and signed Prisoner Authorization Form to this Court's Pro Se Office within thirty (30) days of the date of this Order. 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 Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Prisoner Authorization Form due by 4/22/2020. (Signed by Judge Colleen McMahon on March 23, 2020) (Attachments: # 1 Prisoner Authorization) (jjg) Transmission to Docket Assistant Clerk for processing.
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