Milburn v. Dogin et al
Filing
521
ORDER: Accordingly, on the facts in the parties' letters, any motion to appoint an expert would be futile, so the request to file such a motion is DENIED. SO ORDERED. (Signed by Judge Loretta A. Preska on 4/2/2020) (va)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
LOUIS MILBURN, et al.,
No. 79 Civ. 5077
Plaintiffs,
ORDER
-versusHENRY S. DOGIN, et al.,
Defendants.
LORETTA A. PRESKA, SENIOR UNITED STATES DISTRICT JUDGE:
The
Court
has
reviewed
the
papers
regarding
Plaintiffs’
request to file a motion seeking the appointment of an expert to
assess
the
conditions
at
Green
Haven
Correctional
(“Green Haven”) arising out of the COVID-19 virus.
Facility
The request
to file the motion is DENIED as futile.
There is no doubt, as all parties acknowledge, that the
COVID-19 virus might create a dangerous situation inside of any
correctional facility.
Defendants have described generally the
measures that have been implemented at Green Haven to mitigate
the spread of the disease.
Plaintiffs have not suggested any
reason to think that DOCCS is deliberately indifferent to the
inmates’ medical needs at Green Haven or to think that Green
Haven is different from any similar institution.
Accordingly,
on the facts in the parties’ letters, any motion to appoint an
expert would be futile, so the request to file such a motion is
DENIED.
SO ORDERED.
Dated:
April 2, 2020
New York, New York
____________________________
LORETTA A. PRESKA
Senior U.S. District Judge
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