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17-1303 - Maldonado v. Mandalaywala et al


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17-1303 - Maldonado v. Mandalaywala et al
April 12, 2018
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DECISION AND ORDER: ORDERED that the amended complaint is accepted for filing and is the operative pleading. ORDERED that the Clerk is directed to add "MLB, Upstate Correctional Facility Nurse" and "Officer Staff, Great Meadow Correctional Facility" to the docket as defendants. ORDERED that plaintiff's Eighth Amendment medical indifference claim against defendant Mandalaywala SURVIVES sua sponte review and requires a response. ORDERED that plaintiff's claims against "Officer Staff" at Great Meadow Correctional Facility 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 all remaining claims are DISMISSED with 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 defendants Smith, Reome, McClure, "MLB," and "Officer Staff" are DISMISSED without prejudice as defendants to this action. ORDERED that the Clerk shall issue a summons and forward it, along with a copy of the amended complaint, to the United States Marshal for service upon defendant Mandalaywala. The Clerk shall also 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 Judge Brenda K. Sannes on 4/12/18. (Attachments: # (1) case law cited, # (2) case law cited, # (3) case law cited, # (4) case law cited, # (5) case law cited, # (6) case law cited, # (7) case law cited, # (8) case law cited, # (9) case law cited){order served via regular mail on plaintiff}(nas, )
May 29, 2018
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ntities of Jane Doe #1, Jane Doe #2, and John Doe #1 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, the Clerk shall return this file to the Court for further review. ORDERED that defendant Bennett, or his counsel, respond to the second am ended complaint as provided for in the Federal Rules of Civil Procedure. ORDERED that defendant Mandalaywala, or his counsel, respond to the second amended complaint on or before the deadline for defendant Bennett to respond to the second amended complaint. Signed by Judge Brenda K. Sannes on 5/29/18. (Attachments: # (1) case law cited, # (2) case law cited, # (3) case law citedorrectional Facility Corrections Officer; (5) D. Bennett, Great Meadow Correctional Facility Corrections Officer; and (6) Christopher Miller, Great Meadow Correctional Facility Superintendent. ORDERED that the following claims SURVIVE sua sponte review and require a response: (1) plaintiff's medical indifference claims against defendants Mandalaywala, Jane Doe #1, and Jane Doe #2; (2) plaintiff's conditions-of-confinement claim against defendants Jane Doe #1 and Jane Doe #2; and (3) plaintiff's excessive force claims against defendantsBennett and John Doe #1. ORDERED that all remaining claims are DISMISSED with 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 defendants Jane Doe #3 and Miller are DISMISSED without prejudice as defendants to this action. ORDERED that the Clerk shall issue a summons and forward it, along with a copy of the second amended complaint, to the United States Marshal for service upon defendant Bennett. ORDERED that the New York State Attorney General's Office is hereby requested, to the extent possible, to produce the information specified above regarding the ide, # (4) case law cited, # (5) case law cited, # (6) case law cited, # (7) case law cited, # (8) case law cited, # (9) case law cited){order served via regular mail on plaintiff}(nas, )DECISION AND ORDER: ORDERED that the second amended complaint is accepted for filing and is the operative pleading. ORDERED that the Clerk is directed to add the following individuals to the docket as defendants: (1) Jane Doe #1, Great Meadow Correctional Facility Offender Rehabilitation Coordinator; (2) Jane Doe #2, Great Meadow Correctional Facility Offender Rehabilitation Coordinator; (3) Jane Doe #3, Great Meadow Correctional Facility Corrections Officer; (4) John Doe #1, Great Meadow C