Perri v. Bloomberg et al
Filing 179
MEMORANDUM & ORDER (ADOPTING REPORT & RECOMMENDATION): Having conducted a de novo review of the 173 Report & Recommendation, the Court is satisfied that the magistrate's approach is sensible. Accordingly, the parties' cross -motions for summary judgment (Docket Entries 137 , 142 and 145 ) are denied without prejudice. Plaintiff shall be ordered to undergo a psychiatric evaluation. The particulars of the examination, i.e., the time, place and doctor, are to be dete rmined by the magistrate judge in consultation with the parties. The plaintiff is cautioned that, should he fail to appear for such an evaluation, he risks dismissal of the complaint. If, after the psychiatric evaluation and a hearing, it is determined that plaintiff lacks the capacity to sue, a guardian ad litem will be appointed by the Court. SO ORDERED. (Ordered by Judge Carol B. Amon, on 3/11/2010) C/mailed. (Latka-Mucha, Wieslawa)
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
