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15-610 - Rodriguez v. Griffin et al


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15-610 - Rodriguez v. Griffin et al
October 5, 2015
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DECISION AND ORDER: ORDERED that the Clerk is directed to revise the docket to identify defendant "Guzman" as "Gusman;" and defendant "Ms. Anndola, Nurse" as "Anandolas, Doctor." ORDERED that this action is time-barred and is DISMISSED with prejudice in accordance with 28 U.S.C. § 1915(e)(2)(B)(ii) and 28 U.S.C. § 1915A(b)(1) for failure to state a claim upon which relief may be granted. ORDERED that the Clerk shall enter judgment accordingly. Signed by U.S. District Judge Mae A. D'Agostino on 10/5/15. (served via regular mail on plaintiff)(alh, )
October 5, 2015
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***VACATED PER 2ND CIRCUIT MANDATE***JUDGMENT entered pursuant to the Decision and Order of the Honorable Judge Mae A. D'Agostino, dated the 5th day of October, 2015. (served via regular mail on plaintiff) (alh, ) Modified on 2/13/2017 (nas, ).
February 15, 2017
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DECISION AND ORDER: ORDERED that plaintiff's amended complaint (Dkt. No. 11) is deemed amended to include the additional factual allegations regarding exhaustion of administrative remedies identified by the Second Circuit in the Mandate (see footnote 1) and, as so amended, is the operative pleading in this action. ORDERED that the Clerk shall issue summonses and forward them, along with copies of the amended complaint, to the United States Marshal for service on the named defendants. The Clerk shall forward a copy of the summons and amended complaint to the Office of the New York Attorney General, together with a copy of this Decision and Order. ORDERED that a response to the amended complaint shall be filed by defendants or their counsel as provided for in the Federal Rules of Civil Procedure. ORDERED that plaintiff take reasonable steps through discovery to ascertain the identity of unidentified "Doe" defendants. Signed by U.S. District Judge Mae A. D'Agostino on 2/15/17. (served on plaintiff by regular mail)(alh, )
March 15, 2018
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MEMORANDUM-DECISION AND ORDER: ORDERED that Defendants' motion to dismiss (Dkt. No. 53) is GRANTED in part and DENIED in part. ORDERED that Defendants DOCCS, LaClair, Fischer, and Griffin be terminated as parties. ORDERED that Defendant Gusman be terminated as a party unless Plaintiff amends the complaint as to Plaintiff's medical indifference claim against Defendant Gusman's within THIRTY (30) DAYS. Signed by U.S. District Judge Mae A. D'Agostino on 3/15/18. (alh, )