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14-2670 - Perkins v. Newton et al


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14-2670 - Perkins v. Newton et al
May 14, 2014
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MEMORANDUM AND ORDER: Plaintiff's 2 request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 is granted. All claims against Commissioner Dora B. Schriro are dismissed. No summons shall issue as to this defendant and the Clerk of Court is requested to amend the caption to reflect the dismissal of this defendant. Plaintiff's request for an Order to Show Cause for a Preliminary Injunction and Temporary Restraining Order is denied as plaintiff did not allege specific facts demonstrating a likelihood of success on the merits, nor has he made a showing of immediate or irreparable harm. Plaintiff's claims shall proceed against Warden Carlton Newton, Mr. Brown and Correction Officers Clarke, Boyd and Weise. The United States Marshal Service is directed to serve the summonses, complaint, and this Order upon the remaining defendants without prepayment of fees. A courtesy copy of the same papers shall be mailed to the Corporation Counsel for the City of New York. The case is referred to Magistrate Judge Lois Bloom for pretrial supervision. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. SO ORDERED by Judge Kiyo A. Matsumoto, on 5/14/2014. C/mailed. (Party: Commissioner Dora B. Schriro terminated.) (Latka-Mucha, Wieslawa)
February 10, 2016
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MEMORANDUM AND ORDER granting 69 Motion to Dismiss. For the reasons stated in the attached Memorandum and Order, the court grants defendants motion in its entirety. Plaintiffs Amended Complaint is dismissed without prejudice to amend. Plaintiff must file his second amended complaint within 45 days of this Memorandum and Order. The court notes that the second amended complaint completely replaces plaintiffs previous complaints. See Int'l Controls Corp. v. Vesco, 556 F.2d 665, 668 (2d Cir. 1977). Plaintiff should designate his newly amended complaint as a Second Amended Complaint. Failure to file a second amended complaint in 45 days will result in dismissal with prejudice. Defendants are respectfully directed to serve a copy of this Memorandum and Order on plaintiff. Ordered by Judge Kiyo A. Matsumoto on 2/10/2016. (Gong, LiJia)