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SHOMO v. CITY OF NEW YORK

Docket No. 07-1208-cv.

579 F.3d 176 (2009)

Jose J. SHOMO, Plaintiff-Appellant, v. CITY OF NEW YORK, City of New York Department of Corrections, William Fraser. Eric Perry, Warden John Doe, John Doe #5, John Doe # 4, John Doe # 2, Jane Doe # 3, Capt. Swartz, C.O. Little, St. Barnabas Hospital Correctional Health Service, Sgt. Wright, Dr. Saroja Singh, MD, Dr. Marie Francois, Defendants, Dr. Joy Myers, Dr. Shahid Nawaz, Dr. Rameen Seegobin, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 13, 2009.

Petition for Rehearing Decided: September 2, 2009.

Attorney(s) appearing for the Case

Lee G. Dunst, Gibson Dunn & Crutcher LLP, New York, NY, for Plaintiff-Appellant.

Suzanne K. Colt, Assistant Corporation Counsel, (Pamela Seider Dolgow, Assistant Corporation Counsel, on the brief), for Michael A. Cardozo, Corporation Counsel of the City of New York, New York, NY, for Defendants-Appellees.

Chief Judge JACOBS concurs in a separate opinion.

POOLER, Circuit Judge:

Plaintiff-appellant Jose J. Shomo appeals from the judgment of the United States District Court for the Southern District of New York (Hellerstein, J.), (1) dismissing his pro se Eighth Amendment claims of medical indifference against several named and unnamed defendants without leave to amend; (2) dismissing his Americans with Disabilities Act of 1990 ("ADA") and Rehabilitation Act of 1973 claims against all defendants without leave to amend...

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