Johnson v. Schiff

Filing 250

PARTIAL & FINAL JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED, that the Court has granted the motion to dismiss in favor of Guinan-Clark, and there being no reason for delay, Final Judgment is entered in favor of defendant Guinan-Clark in accordance with Fed. R. Civ. Pr. 54(b). (Signed by Judge Kenneth M. Karas on 4/29/2020) (jca)

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04/29/20

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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ANGELO D. JOHNSON,

CASE NO.: 17-CV-8000
(KMK)

Plaintiff,
PARTIAL & FINAL
JUDGMENT

-againstMICHAEL A. SCHIFF, SHERIFF OF SULLIVAN
COUNTY
JAIL;
THOMAS
J.
LOUGHEN,
COMMISSIONER OF CORRECTION, N.Y.S.; ERIC J.
CHABOTY, UNDERSHERIFF; HAROLD L. SMITH, JR.
JAIL ADM.; JAMES E. GINTY, CAPT.; CHRISTOPHER
R. BINI, LT.; SGT. B. HARRELL; SGT. G. MINCKLER;
SGT. MOYER; SGT. LYNCH; SGT. ZAYAS; CPL.
JANET CALANGELO; CPL. GABRIEL; CPL. GRAY;
CPL. WILCOX; CPL. THOMAS E. COMPASSO; CPL.
WHALAN; CPL. MATIS; C.O. DAWSON; C.O.
KLEINGARDNER; C.O. D. LEKOVIC; C.O. S. NASH;
C.O. FIELD; C.O. COLE; C.O. M. SHAW; C.O. LEWIS;
C.O. J. BESSON; D.P.W. JOE; KITCHEN MANAGER
DALE; DR. GOOD; L.P.N. GUIAN-CLARK; L.P.N.
LISA SAUER; R.N. JAMIE GANDULLA; R.N. W.
ALTMAN; R.N. W. MOORE; R.N. DAVIS CRAWLEY;
Individually and in their Official Capacities,
Defendants.
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Whereas the above entitled action having been assigned to the Honorable Kenneth M.
Karas, U.S.D.J.; and the Court thereafter having issued an Opinion and Order, dated September
26, 2019, which, inter alia, dismissed without prejudice the claims asserts against Heather
Guinan-Clark, L.P.N. i/s/h/a L.P.N. Guian-Clark (“Guinan-Clark”) (Doc. 221, p. 58); and the
Court having permitted the plaintiff to file a Second Amended Complaint within 45 days of its
Opinion and Order dated September 26, 2019 (Doc. 221, p. 59); and the plaintiff having failed to
timely file a Second Amended Complaint; and the Court, on February 4, 2020, having directed
the plaintiff to show cause, no later than March 4, 2020, as to why the plaintiff’s claims which
were dismissed without prejudice should not be dismissed with prejudice (Doc. 224); and the

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plaintiff having failed to show cause in accordance with the Court’s February 4, 2020 Order to
Show Cause; and

Whereas the Court, on March 17, 2020, having issued a So-Ordered endorsement
directing the dismissal of the plaintiff’s claims against Guinan-Clark with prejudice, in
accordance with Fed. R. Civ. Pr. 54(b) (Doc. 229), it is,

ORDERED, ADJUDGED AND DECREED, that the Court has granted the motion to
dismiss in favor of Guinan-Clark, and there being no reason for delay, Final Judgment is entered
in favor of defendant Guinan-Clark in accordance with Fed. R. Civ. Pr. 54(b).

Dated: White Plains, New York
29
April __, 2020

____________________________________
Hon. Kenneth M. Karas

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