Gray v. Metropolitan Detention Center et al
| 1:2009cv04520 |
| September 16, 2009 |
| US District Court for the Eastern District of New York |
| Prisoner: Civil Rights Office |
| Lois Bloom |
| Kiyo A. Matsumoto |
| None |
| Federal Question |
| 42:1983 Civil Rights Act |
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Filing
28
ORDER granting 22 Motion to Dismiss for Lack of Jurisdiction. For the reasons stated in the attached Memorandum & Opinion: (1) plaintiff's Bivens claims against the MDC are dismissed with prejudice; (2) plaintiff's Bivens claims against defendants Rice and Foreman in their official capacities are dismissed with prejudice; (3) plaintiff's negligence claims against defendants Rice and Foreman in their individual capacities are dismissed with prejudice; and (4) plaintiff's Bi vens claims against defendants Rice and Foreman in their individual capacities are dismissed without prejudice. Plaintiff is granted leave to amend his Complaint by no later than August 12, 2011. The United States Attorney's Office shall serve a copy of this Memorandum & Order on plaintiff and file a Certificate of Service on ECF by no later than July 18, 2011. Ordered by Judge Kiyo A. Matsumoto on 7/15/2011. (Winterkorn, Margaret)
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