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10-263 - Dowdy v. P.A. Hercules et al


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10-263 - Dowdy v. P.A. Hercules et al
January 15, 2010
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MEMORANDUM AND ORDER, For the foregoing reasons, all of pltff's claims are dismissed except for this Bivens claim against Doe #3. Pltff is permitted to amend his complaint to assert additional Biven claims. If he chooses to do so, he must name the individual defts involved (or identify them as "Doe" and provide sufficient information to permit defts to identify that person), and as best he can describe in detail how they participated in the deprivation of his constitutional rights. Pltff is reminded that alleging mere negligence is insufficient, since his FTCA claims are jurisdictionally barred. Rather, he must present sufficient factual allegations to state a plausible claim that each identified deft was personally involved in acting with "deliberate indifference" to his "serious medical needs." Further, the amended complaint must be captioned "Amended Complaint," and shall bear docket number 07-cv-2488. It must be submitted to the Court within 30 days from the date of this Order. If pltff fails to produce an amended complaint within that time period, the action will proceed solely on the Bivens claim against Doe #3, all other claims having been dismissed. In light of the Court's determination that pltff may amend his complaint to allege additional facts, defts' motion to transfer venue to the Northern District of New York is granted but stayed for 45 days from the date of this Order. Upon the expiration of the stay, the Clerk of the Court is directed to transfer this matter to the USDC for the NDNY and to close this case. (Ordered by Judge Eric N. Vitaliano on 1/13/2010) c/m (Galeano, Sonia) [Transferred from New York Eastern on 3/5/2010.]