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16-1336 - Ocasio et al v. Scott et al


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16-1336 - Ocasio et al v. Scott et al
September 9, 2016
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MEMORANDUM & ORDER: Plaintiffs' requests (ECF Nos. 2, 3) to proceed in forma pauperis are granted, pursuant to 28 U.S.C. § 1915. All of the claims against defendants Freeman, Bailey, Thomas, Allen, the Head Mental Health Supervisor, and the New York City Department of Correction ("DOC") are dismissed for failure to state a claim, pursuant to 28 U.S.C. § 1915A(b) and 28 U.S.C. § 1915(e)(2)(B). No summonses shall issue against these defendants. The Clerk of Court is directed to amend the caption to reflect the dismissal of these defendants. Plaintiffs' claims shall proceed against the remaining defendants. The United States Marshals Service is to serve a copy of the complaint as amended by the Clerk, this Order, and the summonses on the remaining defendants. The Clerk shall also send courtesy copies to the New York City Corporation Counsel's Special Federal Litigation unit. 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. The Court respectfully refers this matter to Magistrate Judge Lois Bloom for pretrial supervision. SO ORDERED by Judge Eric N. Vitaliano, on 9/9/2016. C/mailed. (Parties: defendants Freeman, Bailey, Thomas, Allen, the Head Mental Health Supervisor, and the New York City Department of Correction terminated.) (Latka-Mucha, Wieslawa)
March 21, 2017
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MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS, In line with the foregoing, Magistrate Judge Bloom's Report and Recommendation, dated 2/8/17 (ECF Dkt. #40), is adopted, in its entirety, as the opinion of the Court. Ocasio's complaint is, therefore, dismissed, pursuant to FRCP 16(f) and 37(b)(2)(A)(v). The Clerk of Court is directed to terminate Ocasio from this action. The case shall proceed as Brooks v. Scott, et al., under this docket number. The Clerk of Court is further directed to mail a copy of this Order to Ocasio. (Ordered by Judge Eric N. Vitaliano on 3/17/2017) c/m (Galeano, Sonia)