James v. Bartlett et al

Filing 67

MEMORANDUM & ORDER: Since Sergeant Dougan has not yet been served, the United States Marshals Service is hereby directed to serve a Summons and the 1 Complaint, along with the court's 2/24/2014 Memorandum and Order 58 and Plaintiff 's 47 opposition to the motion to dismiss, on Sergeant Dougan. Pursuant to the court's 3/12/2014, Order 64 granting Defendant's Motion for Extension of Time to File Answer, Sergeant Dougan or the Office of the Attorney General on his behalf shall respond to the newly amended Complaint by answer or motion no later than 21 days after service on Sergeant Dougan. SO ORDERED by Judge Nicholas G. Garaufis, on 3/17/2014. (Electronic notice to pro se Plaintiff.) (Latka-Mucha, Wieslawa)

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s··· '.L '.!.'3. ·~· '.,. .... 1.1.~ ') UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ,~..,; ~;1 (:~c:\~~~,: \Jrt--h: 1 ·.~ f•'~TRl~"t ('<"ll.'R"1· EfJ.,J. 'f. 1 ., 201'' f "f \)jr- * ---------------------------------------------------------------------){ JAMES ARMAND, Plaintiff, MEMORANDUM & ORDER -against- 11-CV-4182 (NGG) (CLP} JENNIFER OSBORNE, Defendant. ---------------------------------------------------------------------){ NICHOLAS G. GARAUFIS, United States District Judge. On February 24, 2014, the court issued a Memorandum and Order in this case denying Defendant's Motion to Dismiss (Dkt. 40) and granting in part prose Plaintiffs Motion to Amend the Complaint (Dkt. 32) to the extent he sought to add a claim for harassment against Sergeant George Dougan ("Sgt. Dougan") and increase the punitive damage request. (Feb. 24, 2014, Order (Dkt. 28).) The court further ordered that Plaintiffs Complaint shall be deemed to be amended to reflect the additional factual allegations set out in the Plaintiffs opposition to Defendant's Motion to Dismiss (Dkt. 47), the harassment claim against Sgt. Dougan, and the increased punitive damages request. Defendant was ordered to respond to the newly amended Complaint, with regard to the claim against Sergeant Dougan only, within twenty (20) days of entry of the Memorandum and Order. Since Sgt. Dougan has not yet been served, the United States Marshals Service is hereby directed to serve a Summons and the Complaint (Dkt. 1), along with the court's February 24, 2014, Memorandum and Order (Dkt. 58) and Plaintiffs opposition to the motion to dismiss (Dkt. 47), on Sgt. Dougan at the following address: 1 Sergeant George Dougan Taconic Correctional Facility 250 Harris Road Bedford Hills, NY 10507-2497 Pursuant to the court's March 12, 2014, Order granting Defendant's Motion for Extension of Time to File Answer (Dkt. 64), Sgt. Dougan or the Office of the Attorney General on his behalf shall respond to the newly amended Complaint by answer or motion no later than twenty-one (21) days after service on Sgt. Dougan. SO ORDERED. /S/ Judge Nicholas G. Garaufis ICHOLAS G. GARAU S nited States District Judge Dated: Brooklyn, New York March fl, 2014 2

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