Aragon v. Jane Doe 1 et al
| Rodolfo Aragon |
| Jane Doe 1, Jane Doe 2, OBCC and Rikers Island |
| 1:2014cv09797 |
| December 8, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Loretta A. Preska |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
49
MEMORANDUM AND OPINION re: 44 MOTION to Dismiss 34 Amended Complaint and 43 Second Amended Complaint filed by City of New York: Rodolfo Aragon ("Plaintiff"), acting pro se and in forma pauperis, brings this action again st the State of New York ("New York"), the City of New York ("City"), and the Department of Corrections and Correctional Supervision ("DOCCS", and collectively, "Defendants") pursuant to 42 U.S.C. § 1983 ( "Section 1983"). Plaintiff alleges that the conditions of his confinement at the Otis Bantum Correctional Center ("Bantum") amount to cruel and unusual punishment in violation of the Eighth Amendment. Plaintiff further claims fals e imprisonment as a result of an unlawful conviction in state court. The City brings the instant motion to dismiss Plaintiff's Amended Complaint ("Am. Compl.") and Second Amended Complaint ("Sec. Am. Compl.") pursuant to Fede ral Rule of Civil Procedure 12(b)(6). For the reasons set forth above, the City's motion to dismiss Plaintiffs Amended Complaint and Second Amended Complaint is GRANTED. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appe al from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is respectfully directed to terminate the motion, Doc. 44, to mail a copy of this Opinion and Order to Plaintiff, and to close the case. (Signed by Judge Edgardo Ramos on 6/22/2017) (jwh)
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