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17-1198 - Mattison v. Johnson et al


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17-1198 - Mattison v. Johnson et al
March 30, 2018
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(served on plaintiff by regular mail)(alh, )DECISION AND ORDER: ORDERED that the amended complaint (Dkt. No. 20) is accepted for filing and is the operative pleading. ORDERED that plaintiff's Eighth Amendment medical indifference claims against defendants Director John Doe, Johnson, and Calley survive sua sponte review and require a response. ORDERED that all remaining 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. ORDERED that defendant Medical Escort Officer John Doe is terminated as a defendant. 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 Calley and Johnson with respect to the remaining claims against them. 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, to the extent possible, the New York State Attorney General's Office is hereby requested to produce the information specified above regarding the identity of defendant Director John Doe within thirty (30) days of the filing date of this Decision and Order. Upon receipt of a response from the New York State Attorney General's Office, as directed above, the Clerk shall return this file to the Court for further review. ORDERED that plaintiff's request for appointment of counsel is DENIED without prejudice to renew at some future time for the reasons stated above. ORDERED that plaintiff's Letter Motion (Dkt. No. 17) is DENIED as moot. Signed by Senior Judge Thomas J. McAvoy on 3/30/18.