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17-1226 - Young v. Felicano et al


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17-1226 - Young v. Felicano et al
February 22, 2018
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ORDER. For the reasons set forth in the attached, the court enters the following orders:(1)The claims against all defendants in their official capacities are DISMISSED pursuant to 28 U.S.C. § 1915A(b)(2) and the individual capacity claims against Warden Felicano, Jr. are DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1). The Eighth Amendment deliberate indifference to safety and failure to protect claims will proceed against Correctional Officer Pataky, Lieutenants Dawson, Luise, Cox and Russell, Counselor Davis and Mental Health Unit Worker Lowhart in their individual capacities. (2)Within twenty-one (21) days of this Order, the Clerk shall ascertain from the Department of Correction Office of Legal Affairs the current work addresses for Correctional Officer Pataky, Lieutenant Dawson, Lieutenant Luise, Lieutenant Cox, Lieutenant Russell, Counselor Davis and Mental Health Unit Worker Lowhart and mail a copy of the complaint, this order and a waiver of service of process request packet to each defendant in his or her individual capacity at his or her current work address. On the thirty-fifth (35th) day after mailing, the Clerk shall report to the court on the status of each request. If any defendant fails to return the waiver request, the Clerk shall make arrangements for in-person service by the U.S. Marshals Service and the defendant shall be required to pay the costs of such service in accordance with Federal Rule of Civil Procedure 4(d).(3) Defendants shall file their response to the complaint, either an answer or motion to dismiss, within sixty (60) days from the date the notice of lawsuit and waiver of service of summons forms are mailed to them. If the defendants choose to file an answer, they shall admit or deny the allegations and respond to the cognizable claims recited above. They may also include any and all additional defenses permitted by the Federal Rules.(4)Discovery, pursuant to Federal Rules of Civil Procedure 26 through 37, shall be completed within six months (180 days) from the date of this order. Discovery requests need not be filed with the court.(5)All motions for summary judgment shall be filed within seven months (210 days) from the date of this order.(6)The Pro Se Prisoner Litigation Office shall send a courtesy copy of the complaint and this order to the Connecticut Attorney General and the Department of Correction Legal Affairs Unit. Signed by Judge Michael P. Shea on 2/22/2018. (Self, A.)