James v. Monroe County et al
6:2020cv07094 |
November 22, 2022 |
US District Court for the Western District of New York |
Rochester Office |
Civil Rights: Other |
28 U.S.C. ยง 1441 Petition for Removal- Civil Rights Act |
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Filing 41 DECISION AND ORDER denying 12 Motion to Dismiss; granting in part and denying in part 21 Motion to Amend or Correct. Defendants' Motion for Judgment on the Pleadings (ECF No. 12) directed at the original Complaint is denied as moot, and Pl aintiff's Motion to Amend (ECF No. 21) is granted in part, and denied in part as futile, as follows: The Section 1983 claim is dismissed as to all defendants, and the medical malpractice claim is dismissed as to Capellupo and John Doe Healthcare Providers 15; otherwise, the motion to amend is granted. Additionally, the Clerk of the Court is directed to terminate the Monroe County Sheriff's Office as a party to this action. Signed by Hon. Charles J. Siragusa on 11/22/22. (KAP)Clerk to Follow up |
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