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17-259 - Ramos v. New York State et al

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17-259 - Ramos v. New York State et al
July 18, 2017
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***VACATED PURSUANT TO DKT. NO. 11**** JUDGMENT entered pursuant to the Court's Decision and Order of the Honorable Judge Brenda K. Sannes, dated the 16th day of May, 2017. (served on plaintiff by regular mail) (alh, ) Modified on 9/5/2017 (rjb, ).
November 30, 2017
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DECISION AND ORDER: ORDERED that the amended complaint (Dkt. No. 12) is ACCEPTED for filing and is the operative pleading in this action. ORDERED that the Clerk shall (i) terminate New York State, Andrew Cuomo, Anthony Annucci, and Supt. "Doe" as defendants; and (ii) revise the docket to add Sgt. "John Doe," Lt. "John Roe," and the unnamed Area Supervisors and Watch Commanders as defendants. ORDERED that plaintiff's Eighth and Fourteenth Amendment claims arising out of his confinement in a "dry cell" for twenty-six days SURVIVE initial review and require a response from the Area Supervisors and Watch Commanders. ORDERED that plaintiff's remaining claims are DISMISSED without 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 terminate C.O. Rose, Sgt. "John Doe," and Lt. "John Roe" as defendants. ORDERED that to the extent possible, the New York State Attorney General's Office is requested to produce the information specified above regarding the unidentified Area Supervisors and Watch Commanders within thirty (30) days of the filing date of this Decision and Order; upon receipt of this information, the Clerk of the Court shall return the file to the Court for further review. Signed by Judge Brenda K. Sannes on 11/30/17. (Attachments: # (1) Unpublished Decision Cited) (served on plaintiff by regular mail; served on NYS AG's Office with dkt. no. 12 by regular mail)(alh, )