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15-1029 - Shomo v. State of New York Department of Corrections and Community Supervision et al


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15-1029 - Shomo v. State of New York Department of Corrections and Community Supervision et al
November 18, 2015
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DECISION AND ORDER: ORDERED, that plaintiff's IFP Application (Dkt. No. 2) is GRANTED. ORDERED, that the following claims are DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) for failure to state a claim upon which relief may be granted: (1) the First Amendment denial of access to the courts claims against both defendants and (2) the ADA and Rehabilitation Act claims against defendant Corision Health Services. ORDERED that Corision Health Services is DISMISSED without prejudice as a defendant. ORDERED that plaintiff's ADA and Rehabilitation Act claims against DOCCS survive the Court's sua sponte review pursuant to 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) and require a response. ORDERED that the Clerk shall issue a summons and forward it, along with a copy of the complaint, to the United States Marshal for service upon defendant the State of New York Department of Corrections and Community Supervision. The Clerk shall forward a copy of the summons and complaint by mail to the Office of the New York State Attorney General, together with a copy of this Decision and Order. ORDERED that plaintiff's motion for appointment of counsel (Dkt. No. 4) is DENIED without prejudice. ORDERED that plaintiff's motion for preliminary injunctive relief (Dkt. No. 5) is DENIED. Signed by Judge Gary L. Sharpe on 11/18/15. (served on plaintiff by regular mail) (alh, )
October 21, 2016
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DECISION AND ORDER: ORDERED that plaintiff's motion for preliminary injunctive relief (Dkt. No. 18) is DENIED. ORDERED that plaintiff's renewed motion for appointment of counsel (Dkt. No. 18) is DENIED. Signed by Senior Judge Gary L. Sharpe on 10/21/16. (served on plaintiff by regular mail) (alh, )