Stinson v. The City Of New York , et al

Filing 153

CLERK'S RULE 54(b) JUDGMENT re: 152 Order Adopting Report and Recommendations in favor of The City Of New York,, Akeem Cardoza, Amanda Black, Anthony Lawrence, David Haynie, Derek Debianchi, Edwin Skepple, Edwin Stevenson, Gregory Lopez, H ope Kirkland, Jacob Saldana, John Ambrose, John Lopez, John Rothwell, Joseph Ponte, Lawrence Hall, Martin Murphy, Michael Blake, Reginald Rothwell, Stanley Ambrose, Trudie Monteforte against Avion Stinson. It is hereby ORDERED, ADJUDGED AND DECR EED: That for the reasons stated in the Court's Order dated July 22, 2021, Defendants having moved for summary judgment dismissing the Second Amended Complaint (the "Cpt"). The motion (Dkt 121) is disposed of as follows, substantia lly for the reasons stated in the painstaking and thorough Report and Recommendation of Magistrate Judge Barbara Moses to which no objection has been filed: 1. The motion is granted and the Cpt is dismissed in all respects as to defendants The Cit y of New York, Ambrose, Ponte, Murphy and Blake. In addition, the Cpt is dismissed without prejudice pursuant to Fed. R. Civ. P. 4(m) as against unserved defendants Black, Cardoza, Debianchi, Hall, Hayne, Kirkland, Lawrence, Monteforte, Saldana, S kepple and Stevenson. As this disposes of all claims against these defendants, there is no just reason for delay and judgment is entered with respect to these defendants pursuant to Fed. R. Civ. P. 54(b). 2. The motion is granted in part and the Cp t is dismissed as against defendants defendants Lopez and Rothwell in all respects except that the motion is denied with respect to the portion of plaintiffs First Claim for damages pursuant to 42 U.S.C. § 1983 for force allegedly used by them on plaintiff in the bathroom of the GMDC clinic. (Signed by Clerk of Court Ruby Krajick on 7/22/2021) (Attachments: # 1 Right to Appeal) (km)

Case 1:18-cv-00027-LAK-BCM Document 153 Filed 07/22/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

------------------------------------------------------------X
AVION STINSON,
Plaintiff,
-against-

18 CIVIL 27 (LAK)
RULE 54(b) JUDGMENT

THE CITY OF NEW YORK, et al.,
Defendants.
-----------------------------------------------------------X

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons
stated in the Court's Order dated July 22, 2021, Defendants having moved for summary
judgment dismissing the Second Amended Complaint (the "Cpt"). The motion (Dkt 121) is
disposed of as follows, substantially for the reasons stated in the painstaking and thorough
Report and Recommendation of Magistrate Judge Barbara Moses to which no objection has been
filed: 1. The motion is granted and the Cpt is dismissed in all respects as to defendants The City
of New York, Ambrose, Ponte, Murphy and Blake. In addition, the Cpt is dismissed without
prejudice pursuant to Fed. R. Civ. P. 4(m) as against unserved defendants Black, Cardoza,
Debianchi, Hall, Hayne, Kirkland, Lawrence, Monteforte, Saldana, Skepple and Stevenson. As
this disposes of all claims against these defendants, there is no just reason for delay and
judgment is entered with respect to these defendants pursuant to Fed. R. Civ. P. 54(b). 2. The
motion is granted in part and the Cpt is dismissed as against defendants defendants Lopez and
Rothwell in all respects except that the motion is denied with respect to the portion of plaintiffs
First Claim for damages pursuant to 42 U.S.C. § 1983 for force allegedly used by them on
plaintiff in the bathroom of the GMDC clinic.

Case 1:18-cv-00027-LAK-BCM Document 153 Filed 07/22/21 Page 2 of 2

Dated: New York, New York
July 22, 2021

BY:

RUBY J. KRAJICK
_________________________
Clerk of Court
_________________________
Deputy Clerk