Walker v. Shaw et al, No. 1:2008cv10043 - Document 33 (S.D.N.Y. 2010)

Court Description: DECISION AND ORDER GRANTING DEFENDANTS' MOTION TO DISMISS: For the foregoing reasons, Defendants' motion to dismiss is granted with prejudice as to all claims against all defendants except Plaintiffs deliberate indifference claim against Wa rden Shaw. Plaintiff is granted 60 days from the date of this order to replead his deliberate indifference claim, naming either (1) the appropriate individual defendants by name; or (2) "John Doe" defendants, listed separately so that it is possible to take discovery as to who they are. Within the 60 day period, Plaintiff must also plead specific facts alleging that Warden Shaw was personally involved in the events underlying Plaintiffs claim, or the Court will dismiss the remaining c laim against Warden Shaw. If Plaintiff fails to amend his complaint during the next 60 days, the Court will dismiss the action. Plaintiff has also filed two motions to compel with this Court (docket nos. 21 and 27). The motion to compel at docket n o. 27 was denied by Magistrate Judge Kevin Nathaniel Fox, on January 26, 2010. (See docket no. 30.) The magistrate judge has informed this Court that the motion to compel at docket no. 21 is a duplicate of the motion to compel at docket no. 27. Ther efore, this Court now denies the motion to compel at docket no. 21. The Clerk of the Court is instructed to remove the motion to dismiss (docket no. 16) and the motion to compel (docket no. 21) from the Court's active motion list. This constitutes the order and decision of this Court. (Signed by Judge Colleen McMahon on 6/23/2010) Copies Mailed By Chambers.(jpo)