Lopez v. D.O.C.S. et al
| Jason Lopez |
| D.O.C.S., Cipolini and Burguess |
| 1:2014cv02441 |
| April 7, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Dutchess |
| Loretta A. Preska |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
46
OPINION AND ORDER: Defendants' Motion to Dismiss is granted in part and denied in part. In particular, Defendants' Motion is granted as to the claims against Burguess, without prejudice to Plaintiff's re-filing another Action base d on the fact that she has now exhausted her administrative remedies as to these claims. With respect to the claims against Cipolini, Defendants' Motion is granted as to the First Amendment, RLUIPA, and Eighth Amendment claims and denied as to Plaintiff's Equal Protection claim. The Clerk of the Court is respectfully requested to terminate Defendants' Motion to Dismiss, (Dkt. No. 38), and Plaintiff's Motion for an Order of compensation, (Dkt. No. 32). Plaintiff may fil e a Second Amended Complaint within thirty days of this Opinion and Order. Moreover, in light of the fact that Plaintiff has failed to respond to Defendants' Motion to Dismiss and failed to appear at the last several conferences in this Acti on, Plaintiff is ordered to notify the Court of her intention to pursue this Action and/or re-institute another action against Burguess within 30 days or risk dismissal of her case for failure to prosecute. SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/30/2015) (lnl)
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