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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, )