Hamilton v. Westchester County et al, No. 7:2018cv08361 - Document 82 (S.D.N.Y. 2022)

Court Description: ORDER: The Court thus adjourns the schedule for the filing of amended pleadings as follows. If he chooses to do so, Plaintiff will have until January 4, 2023 to file an Amended Complaint consistent with the Court's September 6, 2022 Opinio n & Order. An Amended Civil Rights Complaint form is included with the attached September 6, 2022 Opinion & Order. If an Amended Complaint is filed, Defendant Westchester County is directed to answer or otherwise respond by February 3, 2023. If Plaintiff fails to file an Amended Complaint within the time allowed, and he cannot show good cause to excuse such a failure, the claim dismissed without prejudice by the September 6, 2022 Opinion & Order will be deemed dismissed with prejudice. T he Clerk of Court is respectfully directed to mail a copy of this Order and ECF No. 81 (including the Amended Civil Rights Complaint form) to pro se Plaintiff at Davonte Hamilton, Reg No. 79409-054, FCI Allenwood Medium, P.O. Box 2000, White Deer, PA 17887, and to show service on the docket. ( Amended Pleadings due by 1/4/2023.) (Signed by Judge Nelson Stephen Roman on 12/1/2022) (ate)

Download PDF
Hamilton v. Westchester County et al Doc. 82 Case 7:18-cv-08361-NSR Document 82 Filed 12/01/22 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 12/1/2022 DAVONTE HAMILTON, Plaintiff, -against- No. 18 Civ. 8361 (NSR) WESTCHESTER COUNTY, CORRECT CARE SOLUTIONS, LLC, RAUL ULLOA, JOSEPH K. SPANO, FRANCIS DELGROSSO, KARL VOLLMER, and LEANDRO DIAZ, ORDER Defendants. NELSON S. ROMÁN, United States District Judge: On September 6, 2022, this Court issued an Opinion & Order in which it GRANTED County Defendants’ motion to dismiss Plaintiff’s remaining ADA claim. (ECF No. 81.) In so doing, the Court DISMISSED without prejudice Plaintiff’s remaining ADA claim against Westchester County. The Court then granted pro se Plaintiff leave to replead his ADA claim against Westchester County only. Plaintiff was given until October 6, 2022 to file an Amended Complaint consistent with the Court’s September 6, 2022 Opinion & Order. It appears, however, that Plaintiff never received the September 6, 2022 Opinion & Order. Instead, this Court received returned mail which indicates Plaintiff no longer resides at the Brooklyn Metropolitan Detention Center. The Court reminds Plaintiff that it is his “obligation to promptly submit a written notification to the Court if Plaintiff’s address changes, and the Court may dismiss the action if Plaintiff fails to do so.” (ECF No. 4 at 2.) The Court thus adjourns the schedule for the filing of amended pleadings as follows. If he chooses to do so, Plaintiff will have until January 4, 2023 to file an Amended Complaint consistent with the Court’s September 6, 2022 Opinion & Order. An Amended Civil Rights Complaint form is included with the attached September 6, 2022 Opinion & Order. If an Amended Complaint is Dockets.Justia.com Case 7:18-cv-08361-NSR Document 82 Filed 12/01/22 Page 2 of 2 filed, Defendant Westchester County is directed to answer or otherwise respond by February 3, 2023. If Plaintiff fails to file an Amended Complaint within the time allowed, and he cannot show good cause to excuse such a failure, the claim dismissed without prejudice by the September 6, 2022 Opinion & Order will be deemed dismissed with prejudice. The Clerk of Court is respectfully directed to mail a copy of this Order and ECF No. 81 (including the Amended Civil Rights Complaint form) to pro se Plaintiff at Davonte Hamilton, Reg No. 79409-054, FCI Allenwood Medium, P.O. Box 2000, White Deer, PA 17887, and to show service on the docket. SO ORDERED Dated: December 1, 2022 White Plains, New York NELSON S. ROMÁN United States District Judge 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.