Opinion
CV-14-0629 (SJF)(GRB)
04-15-2014
EILEEN CASINO and DONATO CASINO, Plaintiffs, v. BRIAN CASSIDY, STONYBROOK [sic] UNIV. HOSPITAL, WOODMERE NURSING HOME, ANY OTHER FUTURE AGENT OF ANY KIND, and NEW YORK STATE MENTAL HEALTH COURT, Defendants.
JUDGMENT
An Order of Honorable Sandra J. Feuerstein, United States District Judge, having been filed on January 27, 2014, sua sponte dismissing plaintiff's claims against Stony Brook and the State Court in their entirety pursuant to Rule 12(h)(3) of the Federal Rules of Civil Procedure for lack of subject matter jurisdiction, sua sponte dismissing in their entirety with prejudice plaintiff's Section 1983 claims against Woodmere and Cassidy pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim for relief, dismissing any state law claims without prejudice pursuant to 28 U.S.C. § 1367(c)(3), directing the Clerk of the Court to close this case, and denying in forma pauperis status for the purpose of any appeal, it is
ORDERED AND ADJUDGED that plaintiff take nothing of defendants; that plaintiff's claims against Stony Brook and the State Court are sua sponte dismissed in their entirety pursuant to Rule 12(h)(3) of the Federal Rules of Civil Procedure for lack of subject matter jurisdiction; that plaintiff's Section 1983 claims against Woodmere and Cassidy are sua sponte dismissed in their entirety with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim for relief; that any state law claims are dismissed without prejudice pursuant to 28 U.S.C. § 1367(c)(3); that this case is hereby closed; and that in forma pauperis status for the purpose of any appeal is denied. Dated: Central Islip, New York
April 15, 2014
DOUGLAS C. PALMER
CLERK OF THE COURT
By: Catherine Vukovich
Deputy Clerk