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14-5082 - Williams v. New York City Department of Corrections et al


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14-5082 - Williams v. New York City Department of Corrections et al
November 4, 2014
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DECISION AND ORDER: The Court grants plaintiff's 2 request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a). The complaint is dismissed as to the New York City Department of Correction and the Medical Clinic Staff at the George R. Vierno Center for failure to state a claim pursuant to 28 U.S.C. §§ 1915A(b) and 1915(e)(2)(B). No summons shall issue as to these defendants and the Clerk of Court shall amend the caption to reflect the dismissal of these parties. The complaint against Captain Smith, Badge # 1394, Dr. Adeyemi Williams, Dr. Carlota John-Hall, and Dr. Danki, all employed by the New York City Department of Correction at the George R. Vierno Center on Rikers Island, shall proceed. The Clerk of Court shall issue a summons against these defendants and the United States Marshals Service is directed to serve the summons, complaint and a copy of this Decision and Order upon these defendants without prepayment of fees. The Clerk of Court shall mail a courtesy copy of the same papers to the Corporation Counsel for the City of New York, Special Federal Litigation Division. The case is referred to the Honorable Lois Bloom, United States Magistrate Judge, 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 the purpose of any appeal. SO ORDERED by Judge Brian M. Cogan, on 11/4/2014. C/mailed by Chambers to pro se Plaintiff. (Parties: New York City Department of Corrections and Medical Clinic Staff at George R. Vierno Center terminated.) (Latka-Mucha, Wieslawa)
January 31, 2016
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MEMORANDUM DECISION AND ORDER. Defendants motion for summary judgment is granted. The Clerk is directed to enter judgment dismissing the complaint. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 82 S. Ct. 917 (1962). Ordered by Judge Brian M. Cogan on 1/31/2016. (Cogan, Brian)