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15-869 - Barker v. John Doe Doctor


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15-869 - Barker v. John Doe Doctor
November 5, 2015
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DECISION AND ORDER: ORDERED that the Clerk of the Court consolidate Barker I (No. 9:15-CV-0869), Barker II (No. 9:15-CV-0872), and Barker III (No. 9:15-CV-1038). The Clerk shall reassign these consolidated actions to the Honorable Brenda K. Sannes as presiding District Judge and shall refer the consolidated actions to the Honorable David E. Peebles as Magistrate Judge. Barker I shall be referred to and treated as the "Lead Case", and all subsequent Orders of the Court and papers that are submitted by the parties hereto that pertain to any of the foregoing actions shall be filed in Barker I. ORDERED that the Clerk of the Court place a copy of this Decision and Order in the file of Barker II and Barker III. ORDERED that the Clerk of the Court shall place copies of the following documents in the file of this Lead Case: (1) the complaint and the September 23, 2015 Decision and Order of District Judge Kahn issued in Barker II, and (2) the complaint in Barker III. ORDERED that in light of the consolidation of Barker I, Barker II, and Barker III, and because plaintiff's application to proceed in forma pauperis was already granted in Barker II, plaintiff's applications to proceed in forma pauperis in Barker I and Barker III are DENIED as moot. ORDERED that the Clerk of the Court shall edit the docket in the Lead Case to include the following additional defendants: "Doctor Zakis, Marcy Correctional Facility"; "The State of New York"; and "John/Jane Doe Doctor at Walsh Clinic Otolaryngology Unit, Mohawk Correctional Facility". ORDERED that The State of New York and all claims against it are DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) as barred by the Eleventh Amendment. ORDERED that if plaintiff wishes to proceed with this consolidated action he must file a signed consolidated amended complaint within thirty (30) days of the filing date of this Decision and Order as set forth above. ORDERED that in the event plaintiff fails to submit a signed consolidated amended complaint within thirty (30) days from the filing date of this Decision and Order, the Clerk shall, without further order of this Court, enter judgment noting that this consolidated action is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) due to plaintiff's failure to state a claim upon which relief can be granted and to comply with the terms of this Decision and Order and the September 23, 2015 Decision and Order of Senior District Judge Kahn issued in Barker II. In that event, the Clerk shall close Barker I, Barker II, and Barker III. ( Notice of Compliance Deadline 12/7/2015, Case Review Deadline 1/5/2016). Signed by Judge Brenda K. Sannes on 11/5/15. (served on plaintiff by regular mail with unpublished decisions and a blank civil rights form complaint) (alh, )
January 20, 2016
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JUDGMENT entered pursuant to the Decision and Order dated November 5, 2015 of the Honorable Judge Brenda K. Sannes. (served on plaintiff by regular mail) (alh, )