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17-1069 - Hall, III v. New York State Department of Corrections et al


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17-1069 - Hall, III v. New York State Department of Corrections et al
April 4, 2018
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DECISION AND ORDER: ORDERED that the amended complaint (Dkt. No. 13), as modified, is accepted for filing and is the operative pleading in this action. ORDERED that the Clerk is directed to add the following defendants to the docket: (1) Daniel Mortuscello, Deputy Commissioner for Administrative Services, DOCCS; (2) Jeff McKoy, Deputy Commissioner for Program Services, DOCCS; (3) Brandon Smith, Superintendent, Greene C.F.; (4) Deacon Young, Chaplain, Greene C.F.; and (5) John Doe, Cook, Greene C.F. ORDERED that (1) the claims for monetary damages pursuant to RLUIPA, and (2) the claims for monetary damages against the defendants in their official capacities under Section 1983 are DISMISSED with prejudice. ORDERED that all claims against defendant John Doe 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 John Doe and the Department of Corrections and Community Supervision are DISMISSED without prejudice as defendants to this action. 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 Annucci, Mortuscello, McKoy, Smith, and Young. 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. Signed by Chief Judge Glenn T. Suddaby on 4/4/18. (served on plaintiff by regular mail)(alh, )