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