Velez v. Paredez et al, No. 9:2022cv00362 - Document 9 (N.D.N.Y 2022)

Court Description: DECISION AND ORDER: ORDERED, that pursuant to the Court's review under 28 U.S.C. § 1915, the following claims are DISMISSED with prejudice for failing to state a claim or seeking monetary relief against defendants immune from suit: (1) cl aims for monetary damages against Defendants, in their official capacity; and (2) claims against the NYS BOP and Manhattan II, III, and IV; and (3) claims related to the grievance process and violations of DOCCS directives. ORDERED, that the follo wing claims are DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failing to state a claim upon which relief may be granted: (1) claims against Paredez; (2) Fourteenth Amendment due process claims related to Plaintiff 9;s parole denials; (3) First Amendment retaliation claims against Nurses John and Jane Doe; and (4) civil rights conspiracy claimsORDERED, that the following claims survive the Court's sua sponte review under 28 U.S.C. § 1915(e)(2)(B) and require a response: (1) First Amendment free exercise claim against Collado; (2) First Amendment retaliation claims against Collado and Devlin-Varin; and (3) Eighth Amendment conditions-of-confinement claims against Devlin-Varin, Nurse John Doe, Nurs e Jane Doe, Bodrogi, Morley, Dr. John Doe, and Dr. Jane Doe. ORDERED, that NYS BOP, Manhattan II, III, and IV, Paredez, Gregory, Mallozzi, Commissioner John Doe, and Commissioner Jane Doe are DISMISSED as defendants herein. ORDERED, that Pl aintiff shall take reasonable steps through discovery to ascertain the identity of the Doe defendants. Plaintiff's failure to timely serve those defendants will result in dismissal of the claims asserted against them and termination of those def endants from the action. ORDERED, that the Clerk shall issue summonses and forward them, along with copies of the Complaint, to the United States Marshal for service upon the remaining Defendants. The Clerk shall forward a copy of the summonses and Complaint to the Office of the Attorney General, together with a copy of this Decision and Order. Signed by Senior Judge Lawrence E. Kahn on July 22, 2022. {order served via regular mail on plaintiff}(nas, )