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17-1255 - Mancucci v. Kinnear et al


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17-1255 - Mancucci v. Kinnear et al
December 18, 2017
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REPORT-RECOMMENDATION and ORDER re 1 Complaint filed by Robert Mancucci, 5 MOTION for Leave to Proceed in forma pauperis filed by Robert Mancucci. ORDERED, that Plaintiffs Motion to Proceed In Forma Pauperis (Dkt. No. 5) is GRANTED; and it is further RECOMMENDED, that Plaintiffs Eighth Amendment deliberate medical indifference claim be DISMISSED; and it is further RECOMMENDED, that Defendant Kinnear be DISMISSED from this action; and it is further RECOMMENDED, that Plaintiffs Eighth Amendment excessive force claim be allowed to proceed against John Does ##1-3; and it is further RECOMMENDED, that if the above recommendations are adopted, that the U.S. Marshal be ordered to serve a copy of the Complaint and this Report- Recommendation and Order on Superintendent George P. Beach II of the New York State Police. The Superintendent shall, to the extent possible, produce the information specified above regarding the identities of the John Doe Defendants to the Court within thirty days of the District Courts decision on this Report- Recommendation and Order. Once this information is provided, Plaintiffs Complaint shall be deemed amended to reflect the full names of the John Doe Defendants identified, Summonses shall be issued and the Court shall direct service on those newly identified Defendants. Objections to R&R due by 1/4/2018 Case Review Deadline 1/8/2018. Signed by Magistrate Judge Daniel J. Stewart on 12/18/2017. (Copy served via regular mail)(khr)
January 23, 2018
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ORDER - ORDERED that the Report-Recommendation and Order (Dkt. No. 7)is ADOPTED in its entirety; and it is further ORDERED that plaintiff's eighth amendment deliberate medical indifference claim is DISMISSED without prejudice; and it is further ORDERED that defendant Kinnear is DISMISSED without prejudice from this action; and it is further ORDERED that plaintiff's eighth amendment excessive force claim is allowed to proceed against John Does Nos. 1-3; and it is further ORDERED that the U.S. Marshal serve a copy of the Complaint, the Report-Recommendation and Order, and a copy of this Order on S uperintendent George P. Beach III of the New York State Police. The superintendent shall, to the extent possible, produce the informationregarding the identities of the John Doe defendants to the court within thirty days of this Order. Once this information is provided, plaintiff's complaint shall be deemed amended to reflect the full names of the John Doe defendants identified, Summonses shall be issued and the court shall direct service on those newly identified defendants. Signed by Senior Judge Gary L. Sharpe on 1/23/2018. (Copy served via regular mail)(jel, )