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16-027 - Palmer v. Seidman et al


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16-027 - Palmer v. Seidman et al
January 22, 2016
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DECISION AND ORDER: ORDERED that plaintiff's IFP Application (Dkt. No. 2) is GRANTED. ORDERED, that summons shall issue and service conducted on defendant Seidman. ORDERED that plaintiff take reasonable steps to ascertain the identity of the "John and Jane Doe" defendants, and when identified, seek to amend the complaint to add the individuals as defendants in this action pursuant to Fed. R. Civ. P. 15(a). ORDERED that plaintiff's motion for a temporary restraining order and preliminary injunctive relief (Dkt. No. 3) is DENIED. Signed by Senior Judge Gary L. Sharpe on 1/21/16. (served on plaintiff by regular mail) (alh, )
January 3, 2017
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DECISION AND ORDER: ORDERED that the amended complaint (Dkt. No. 28) is accepted for filing and is the operative pleading in this action. ORDERED that the Clerk of the Court is directed to terminate "John/Jane Doe 1, Medical Staff, Riverview Correctional Facility"; "John/Jane Doe 2, Medical Staff, Watertown Correctional Facility"; and "John/Jane Doe 3, Medical Staff, Ulster Reception Correctional Facility" are as a defendants to this action. ORDERED that the Clerk of the Court is directed to edit the docket to add "C. Wheeler, Registered Nurse, Riverview Correctional Facility"; "K. Weyn, Registered Nurse, Riverview Correctional Facility"; "J. Parks, Registered Nurse, Watertown Correctional Facility"; "Grace Kennedy, Registered Nurse, Ulster Correctional Facility"; and C. Hayes, Registered Nurse, Ulster Correctional Facility as defendants. ORDERED that, upon receipt from plaintiff of the documents required for service of process, the Clerk shall issue summonses and forward them, along with copies of the amended complaint, to the United States Marshal for service upon defendants C. Wheeler, K. Weyn, J. Parks, Grace Kennedy, and C. Hayes. ORDERED that defendants C. Wheeler, K. Weyn, J. Parks, Grace Kennedy, and C. Hayes, or their counsel, respond to the amended complaint as provided for in the Federal Rules of Civil Procedure. ORDERED that defendant Seidman shall file a response to the amended complaint within thirty (30) days of the filing of this Decision and Order. ORDERED that defendants' motion to dismiss (Dkt. No. 21) is DENIED as moot. Signed by Senior Judge Gary L. Sharpe on 1/3/17. (served on plaintiff by regular mail)(alh, )