Goodale v. Bill et al

Filing 35

SUMMARY ORDER - ORDERED that defendants Charmaine.A.Bill, Terri.Beth.Maxymillian, Darian.L.Frazier, Gerardo.R.Retamar,Jr., Thomas Nicolette, Felipe.M.Tirado, Linda Gagnon, Paul Palumbo, Dean.L.Stark, Eric Fical, Anthony Fabbio, The State of New Y ork, The New York State Office of Mental Health, Anthony Gonzalez LMSW, Jeff Nowicki, Hernandez, Bumbolo, and Wanphler are DISMISSED from this action; and it is further ORDERED that the Clerk file Goodale's proposed amended complaint (Dkt. No. 33, Attach. 1); and it is further ORDERED that the Clerk amend the caption so as to reflect that Qasim M. Piracha is the only remaining defendant in this action; and it is further ORDERED that defendants' motion to dismiss (Dkt. No. 27) is DENIED as moot. Signed by Chief Judge Gary L. Sharpe on 9/19/2014. (jel, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________
A.M.GOODALE SR.R.A 3
Plaintiff,

5:13-CV-1494
(GLS/ATB)

v.
CHARMAINE.A.BILL et al.,
Defendants.
________________________________
SUMMARY ORDER
Plaintiff pro se A.M.Goodale commenced this action against multiple
defendants, including The State Of New York, The New York State Office
of Mental Health, and several individual defendants, pursuant to 42 U.S.C.
§ 1983, alleging a violation of his Eighth Amendment right to be free from
cruel and unusual punishment. (See generally Compl., Dkt. No. 1.)
Pending are defendants’ motion to dismiss, (Dkt. No. 27), and Goodale’s
unopposed cross motion seeking leave to amend his complaint, and to
discontinue this action against all but one defendant, Qasim M. Piracha,
(Dkt. No. 33).
First, because “[t]he court should freely give leave [to amend] when
justice so requires,” Fed. R. Civ. P. 15(a)(2), and given that defendants do
not oppose Goodale’s motion, (Dkt. No. 34 ¶ 5), Goodale’s cross motion to

amend is granted. Accordingly, defendants Charmaine.A.Bill,
Terri.Beth.Maxymillian, Darian.L.Frazier, Gerardo.R.Retamar,Jr., Thomas
Nicolette, Felipe.M.Tirado, Linda Gagnon, Paul Palumbo, Dean.L.Stark,
Eric Fical, Anthony Fabbio, The State of New York, The New York State
Office of Mental Health, Anthony Gonzalez LMSW, Jeff Nowicki,
Hernandez, Bumbolo, and Wanphler are dismissed from this action,
leaving only Piracha remaining. The Clerk is directed to file Goodale’s
proposed amended complaint, (Dkt. No. 33, Attach. 1), and amend the
caption accordingly.
Second, while the court recognizes that defendants’ argument in
support of dismissal of Goodale’s complaint as against Piracha, (Dkt. No.
27, Attach. 1 at 6-9), is still potentially viable, in light of Goodale’s amended
complaint, defendants’ motion to dismiss the complaint is nevertheless
denied as moot. Of course, once the amended complaint is filed, Piracha
may file an appropriate responsive pleading, including, if he so chooses, a
renewed motion to dismiss.
ACCORDINGLY, it is hereby
ORDERED that Goodale’s cross motion to amend his complaint (Dkt.
No. 33) is GRANTED; and it is further
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ORDERED that defendants Charmaine.A.Bill, Terri.Beth.Maxymillian,
Darian.L.Frazier, Gerardo.R.Retamar,Jr., Thomas Nicolette,
Felipe.M.Tirado, Linda Gagnon, Paul Palumbo, Dean.L.Stark, Eric Fical,
Anthony Fabbio, The State of New York, The New York State Office of
Mental Health, Anthony Gonzalez LMSW, Jeff Nowicki, Hernandez,
Bumbolo, and Wanphler are DISMISSED from this action; and it is further
ORDERED that the Clerk file Goodale’s proposed amended
complaint (Dkt. No. 33, Attach. 1); and it is further
ORDERED that the Clerk amend the caption so as to reflect that
Qasim M. Piracha is the only remaining defendant in this action; and it is
further
ORDERED that defendants’ motion to dismiss (Dkt. No. 27) is
DENIED as moot; and it is further
ORDERED that the Clerk provide a copy of this Summary Order to
the parties.
IT IS SO ORDERED.
September 19, 2014
Albany, New York

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