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15-1094 - Ross v. United States of America et al


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15-1094 - Ross v. United States of America et al
September 28, 2016
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MEMORANDUM-DECISION AND ORDER granting 21 Motion to Dismiss for Failure to State a Claim/Lack of Subject Matter Jurisdiction/Motion for More Definite Statement; and granting 13 Motion to Dismiss: The Court hereby ORDERS that Defendant's motion to dismiss is GRANTED, and the Court further; ORDERS that Plaintiff's claims against Defendants Albany Stratton VA Medical Center, the Cardiology Department of the Albany Stratton VA Medical Center, Marisa Orgera, MD, Michele K. Rawlins, Mohamma El-Hajjar, MD, Jessica Saunders, Sidhu Mandeep, MD, and the unnamed Defendants "Drs. and Nurse Practitioners in Cardiology Dept." and "VA Primary Care Dr./Glens Falls, N.Y. Office" are DISMISSED with prejudice; and the Court further ORDERS that Plaintiff's claims against Defendant Doris Scheweickert are DISMISSED without prejudice; and the Court further ORDERS that Plaintiff's claims against the United States are DISMISSED with leave to replead within thirty (30) days; and the Court further ORDERS that, if the Plaintiff fails to replead within thirty (30) days, the Clerk of the Court shall enter judgment in Defendants' favor and close this case; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 9/28/2016. [copy mailed to pro se plaintiff via certified mail/return receipt] (ban)
April 17, 2018
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MEMORANDUM-DECISION AND ORDER granting 53 Motion for Summary Judgment/Motion to Dismiss: The Court hereby ORDERS that Defendant's motion for summary judgment is GRANTED; and the Court further ORDERS that the Clerk of the Court shall enter judgment in Defendant's favor and close this case; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on the parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 4/17/2018. (Copy served via regular and certified mail)(ban)