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17-1291 - Cruz Droz v. Marquis et al

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17-1291 - Cruz Droz v. Marquis et al
December 27, 2017
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ORDER. For the reasons set forth in the attached, the amended complaint (Doc. 10) is dismissed without prejudice. The Court hereby appoints counsel from the pro bono panel (either the Volunteer Panel or the Appointment Panel) for the limited purpose of assisting the plaintiff to draft a complaint that satisfies Rules 8 and 20 in this matter as further explained in the Court's two Initial Review Orders. The new complaint shall be filed within 60 days of counsel's appointment. Once the complaint has been drafted and filed, counsel's representation of the plaintiff shall cease, counsel shall have no further obligation to the plaintiff in his matter (except those obligations that a lawyer has to any former client), and his or her appearance shall be considered withdrawn, unless appointed counsel files a motion, within 14 days of filing the complaint, to continue the appointment for the remainder of the case. The plaintiff is hereby notified that until further order of this Court, he shall make no further filings in this matter except through appointed counsel, who, the Court expects, will be in touch with him soon after the appointment is made. Finally, should appointed counsel find, after meeting with the plaintiff and making a good-faith attempt to assist the plaintiff in drafting the complaint, that he or she is unable to carry out the task designated by this order consistent with his or her professional obligations or that he or she has irreconcilable differences with the plaintiff, then he or she shall file a statement to that effect and his or her appearance will then be considered withdrawn and he or she shall have no further obligation to the plaintiff. The Clerk is also directed to strike ECF No. 11-26 from the docket. Signed by Judge Michael P. Shea on 12/27/2017. (Self, A.)
March 16, 2018
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INITIAL REVIEW ORDER. For the reasons discussed in the attached, the Court enters the following orders:(1) The claims for deliberate indifference to safety, use of excessive force, and harassment are DISMISSED pursuant to 28 U.S.C. ยง 1915A(b)(1). The case will proceed on the deliberate indifference to medical needs and deliberate indifference to mental health needs claims against Captain Manning, Officer Rosado, Psychiatrist Doe a/k/a WM Gillian, Dr. Coleman, Medical Staff Doe, and Nurse Doe, a/k/a Nurse Pannet.(2) The Clerk is directed to terminate as defendants the forty-one persons named as defendants in prior complaints.(3) The Clerk shall verify the current work addresses for Captain Manning, Officer Rosado, Psychiatrist Doe a/k/a WM Gillian, Dr. Coleman, and Nurse Doe a/k/a Nurse Pannet with the Department of Correction Office of Legal Affairs, mail waiver of service of process request packets containing the Second Amended Complaint to defendants at the confirmed address 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 a defendant fails to return the waiver request, the Clerk shall make arrangements for in-person service by the U.S. Marshal Service on him in individual capacity and the defendant shall be required to pay the costs of such service in accordance with Federal Rule of Civil Procedure 4(d).(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 defendants choose to file an answer, they shall admit or deny the allegations and respond to the cognizable claim recited above. Defendants 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) The Clerk cannot effect service on defendant Medical Staff Doe without his full name and current work address. The plaintiff is directed to obtain this information through discovery in this case and file a notice with the service information. Once the service information is provided, the Court will order service on defendant Medical Staff Doe. Signed by Judge Michael P. Shea on 3/16/2018. (Taykhman, N.)