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17-787 - Hall v. Stamm et al


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17-787 - Hall v. Stamm et al
August 8, 2017
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INITIAL REVIEW ORDER. For the reasons set forth in the attached ruling, the Court enters the following orders:(1) The claims against defendants John Doe, Jane Doe and Ferguson are DISMISSED without prejudice pursuant to 28 U.S.C. § 1915A(b)(1). Any claims related to the denial of medical care are also dismissed without prejudice pursuant to 28 U.S.C. § 1915A(b)(1). If plaintiff wishes to file a second amended complaint, he shall do so within thirty days, by September 7, 2017. Plaintiff's equal protection claim will proceed against defendants Stamm and Bachen.(2) The Clerk shall verify the current work addresses for defendants Stamm and Bachen with the Department of Correction Office of Legal Affairs. The Clerk shall then mail waiver of service of process request packets containing the Complaint to the defendants within twenty-one (21) days of this Order, and report to the Court on the status of the waiver request on the thirty-fifth (35) day after mailing. If either defendant fails to return the waiver request, the Clerk shall make arrangements for in-person service by the U.S. Marshal Service. (3) The Clerk shall send written notice to plaintiff of the status of this action, along with a copy of this Order.(4) The Clerk shall send a courtesy copy of the Complaint and this Order to the Connecticut Attorney General and the Department of Correction Office of Legal Affairs.(5) The defendants shall file their response to the complaint, either an answer or motion to dismiss, within sixty (60) days from the date the waiver forms are sent. If they choose to file an answer, they shall admit or deny the allegations and respond to the cognizable claim recited above. They also may include any and all additional defenses permitted by the Federal Rules.(6) Discovery, pursuant to Federal Rules of Civil Procedure 26 through 37, shall be completed within seven months (210 days) from the date of this order. Discovery requests need not be filed with the court.(7) All motions for summary judgment shall be filed within eight months (240 days) from the date of this order.(8) Pursuant to Local Civil Rule 7(a), a nonmoving party must respond to a dispositive motion within twenty-one (21) days of the date the motion was filed. If no response is filed, or the response is not timely, the dispositive motion can be granted absent objection.(9) If plaintiff changes his address at any time during the litigation of this case, Local Court Rule 83.1(c)2 provides that plaintiff MUST notify the court. Failure to do so can result in the dismissal of the case. Plaintiff must give notice of a new address even if he is incarcerated. Plaintiff should write PLEASE NOTE MY NEW ADDRESS on the notice. It is not enough to just put the new address on a letter without indicating that it is a new address. If plaintiff has more than one pending case, he should indicate all of the case numbers in the notification of change of address. Plaintiff should also notify defendants or counsel for defendants of his new address. (10) Plaintiff shall utilize the Prisoner Efiling Program when filing documents with the Court. It is so ordered. Signed by Judge Jeffrey A. Meyer on 8/8/2017. (Levenson, C.)