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16-807 - Quick v. Minale et al

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16-807 - Quick v. Minale et al
October 20, 2016
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DECISION AND ORDER: ORDERED that plaintiff's IFP Application (Dkt. No. 7) is GRANTED. ORDERED that the amended complaint (Dkt. No. 14) is accepted for filing and is the operative pleading. ORDERED that the Eighth Amendment medical indifference claims and the Eighth Amendment excessive force claims against defendants Clarke, Gibbs, Jenkins, and Hart survive sua sponte review and require a response. ORDERED that all remaining claims are DISMISSED without prejudice in accordance with 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. ORDERED that defendants Minale, Maleski, and Wood are DISMISSED without prejudice as defendants. ORDERED that the Clerk shall issue summonses and forward them, along with copies of the amended complaint, to the United States Marshal for service upon defendants Clarke, Gibbs, Jenkins, and Hart. The Clerk shall forward a copy of the summons and amended 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 preliminary injunctive relief (Dkt. No. 4) is DENIED. ORDERED that plaintiff's motion to preserve evidence (Dkt. No. 10) is DENIED. Signed by Judge Brenda K. Sannes on 10/20/16. (served on plaintiff by regular mail with copies of the unpublished decisions cited herein) (alh, )
January 12, 2017
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DECISION AND ORDER: ORDERED that in accordance with plaintiff's notice (Dkt. No. 35) to voluntarily dismiss this action, the Clerk of the Court shall close this case and reflect that the action is voluntarily dismissed without prejudice pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. ORDERED that, because this case shall be closed, all outstanding motions are DENIED as moot. Signed by Judge Brenda K. Sannes on 1/12/17. (served on plaintiff by regular mail)(alh, )