Wingate v. Robert N. Davoren Center et al

Filing 15

OPINION AND ORDER: re: 10 MOTION to Dismiss. For the reasons set forth above, Defendant's Motion to Dismiss is GRANTED in-part and DENIED in-part. Defendant City of New York is DISMISSED from this case. Plaintiff's § 1983claim agains t Defendants John Does 1-3 for allegedly violating his Fourteenth Amendment rights survives Defendants' Motion. The Court notes, while not relied upon in deciding this Motion, Plaintiff offered additional facts in his opposition that were not in cluded in the Complaint. For instance,Plaintiff argued the temperature was "well into the high 90'seven 100[,]" "there was a work order for the inoperable window before [he] reached Rikers Island[,]" and he suffered "nos e bleeds[.]" (Pl.'s Opp. 1.) The Court will hold a telephone status conference with the parties on October 3, 2013 at 11:30 a.m. to address amending the Complaint to include these facts and ascertaining the identities of the John Doe defendants. so Ordered (Signed by Judge Andrew L. Carter, Jr on 9/10/2013) Copies Mailed By Chambers. (js) Modified on 9/11/2013 (js).