Ramirez v. New York Presbyterian Hospital et al

Filing 189

ORDER: It is hereby ORDERED that Mr. McIntyre's filing at Dkt. No. 188 will be stricken. As the prior Orders (Dkt. Nos. 142, 171) state, Mr. McIntyre cannot represent Plaintiff because he is not an attorney and cannot act on behalf of Plainti ff. Mr. McIntyre is advised not to file any other documents in this action, as they will not be accepted. It is further ORDERED that Plaintiff is advised that his recently-filed declarations (Dkt. No. 187) were already submitted in this action at Dkt. Nos. 172, 173 and 174. These declarations werereviewed and considered in connection with the decision to grant Defendants' motion for summary judgment. The Clerk of Court is respectfully directed to strike Dkt. No. 188 and to mail a co py of this Order to pro se Plaintiff and non-party, Brandon McIntyre, FCI Fort Dix-West, P.O. Box 2000, Joint Base MDL, NH 08640. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 7/15/2020) (cf) Transmission to Docket Assistant Clerk for processing.

Case 1:17-cv-07801-LGS Document 189 Filed 07/15/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------------X
:
JULIO RAMIREZ,
:
Plaintiff,
:
:
-against:
:
ESKER L. TATUM, et al.,
:
Defendants. :
:
-------------------------------------------------------------X

17 Civ. 7801 (LGS)
ORDER

LORNA G. SCHOFIELD, District Judge:
WHEREAS, by Opinion & Order dated July 6, 2020, Defendants’ motion for summary
judgment was granted (Dkt. No. 185). As explained in the Opinion & Order, the motion for
summary judgment was deemed ready for decision since January 22, 2020, the date by which -after two extensions -- pro se Plaintiff was required to file any opposition. The Order dated
December 3, 2019, advised that no further extensions would be allowed (Dkt. No. 178).
Plaintiff’s filings through January 22, 2020, including the declarations at Dkt. Nos. 172, 173 and
174, were construed as Plaintiff’s opposition and were reviewed in connection with the Opinion
& Order;
WHEREAS, on July 9, 2020, Mr. McIntyre filed an opposition to Defendants’ motion for
summary judgment (Dkt. No. 186), and on July 10, 2020, Plaintiff filed declarations (Dkt. No.
187). It is hereby
ORDERED that Mr. McIntyre’s filing at Dkt. No. 188 will be stricken. As the prior
Orders (Dkt. Nos. 142, 171) state, Mr. McIntyre cannot represent Plaintiff because he is not an
attorney and cannot act on behalf of Plaintiff. Mr. McIntyre is advised not to file any other
documents in this action, as they will not be accepted. It is further
ORDERED that Plaintiff is advised that his recently-filed declarations (Dkt. No. 187)

Case 1:17-cv-07801-LGS Document 189 Filed 07/15/20 Page 2 of 2

were already submitted in this action at Dkt. Nos. 172, 173 and 174. These declarations were
reviewed and considered in connection with the decision to grant Defendants’ motion for
summary judgment.
The Clerk of Court is respectfully directed to strike Dkt. No. 188 and to mail a copy of
this Order to pro se Plaintiff and non-party, Brandon McIntyre, FCI Fort Dix-West, P.O. Box
2000, Joint Base MDL, NH 08640.

Dated: July 15, 2020
New York, New York

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