Crenshaw v. Wright et al
| William Crenshaw |
| Lester N. Wright, Brian Fischer, Ali Syed, David Miller, Robert Kirkpatrick, Floyd Bennett, James Conway, Thomas Poole, Dale Artus and Harold Graham |
| 6:2009cv06059 |
| February 11, 2009 |
| US District Court for the Western District of New York |
| Rochester Office |
| Cayuga |
| David G. Larimer |
| Plaintiff |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
37
ORDER granting Defendants' motion for summary judgment as to defendant Levitt, and to change venue as to defendants Syed and Gusman 17 . Plaintiff's claims against defendant Levitt are dismissed. Plaintiff's remaining claims against defendants Syed and Gusman are transferred to the United States District Court for the Northern District of New York. Plaintiff's motions for appointment of counsel 25 28 and to appoint an expert 34 are denied.Plaintiff's motion for leave to file a supplemental complaint 33 is denied, without prejudice to plaintiff's filing a new complaint in this district asserting those claims. ***CLERK TO FOLLOW UP. Signed by Hon. David G. Larimer on 2/16/10. (EMA)
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Filing
8
DECISION AND ORDER re 7 Amended Complaint granting plaintiff one last opportunity to amend the complaint. Plaintiff is granted leave to file a second amended complaint regarding only his claims of deliberate indifference against those unnamed defen dants whom he will have to identify in the second amended complaint, and Dr. Ali Syed, as directed in the order by 8/30/09. In event the plaintiff fails to file second amended compliant by 8/30/09, the action will be dismissed with prejudice without further order of the Court. The Clerk of the Court is directed to send a copy of this order, original complaint, amended complaint, a blank §1983 complaint form with instructions for preparing an Amended Complaint to the plaintiff. The Court her eby certifies, pursuant to 28 U.S.C. § 1915(a), that any appeal from this Order would not be taken in good faith and leave to appeal to the Court of Appeals as a poor person is denied. Coppedge v. United States, 369 U.S. 438 (1962). Further requ ests to proceed on appeal in forma pauperis should be directed on motion to the United States Court of Appeals for the Second Circuit in accordance with Rule 24 of the Federal Rules of Appellate Procedure. Plaintiff's claims against defendants Wright, Fischer, Miller, Kirkpatrick, Bennett, Conway, Poole, Artus, and Graham are dismissed with prejudice and the Clerk is directed to terminate these defendants as parties to the action. Signed by Hon. Richard J. Arcara on 7/27/09. (RE)
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