Bryan v. The People of the State of NY et al
Christopher Bryan |
The People of the State of NY and Adeel Mirza |
7:2014cv08305 |
October 16, 2014 |
US District Court for the Southern District of New York |
White Plains Office |
XX Out of State |
Nelson Stephen Roman |
Other Civil Rights |
42 U.S.C. ยง 1981 |
Plaintiff |
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Filing 35 OPINION & ORDER re: 23 MOTION to Dismiss filed by Adeel Mirza, The People of the State of NY. For the foregoing reasons, County Defendants' motion to dismiss the Complaint is GRANTED. Plaintiff's claims against "the P eople of the State of NY" and his claims against Adeel Mirza in his official capacity are dismissed with prejudice. In addition, Plaintiff's claims based on his purported inability to record court proceedings are also dismissed with prejudi ce for failure to state a claim. Generally, the Court "should not dismiss without granting leave to amend at least once when a liberal reading of the complaint gives any indication that a valid claim might be stated." Branum v. Clark, 927 F .2d 698, 705 (2d Cir. 1991). Because Plaintiff is acting pro se and some of his claims are dismissed pursuant to Rule 8 for pleading deficiencies rather than under Rule 12(b)(6) for substantive deficiencies, Plaintiff is therefore granted leave to fi le an amended complaint; however, Plaintiff should not attempt to re-plead the claims that have been dismissed with prejudice in this Opinion & Order due to substantive deficiencies. Plaintiff shall have thirty days from the date of this Order to ame nd the Complaint as to those claims that are dismissed without prejudice. If Plaintiff elects to file an amended complaint, Defendants shall have thirty days from the date of Plaintiff's filing to respond. If Plaintiff does not file an amended complaint within thirty days, the case will be deemed closed. The Court respectfully directs the Clerk to terminate the motion at Docket No. 23. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 7/13/2015) (mml) |
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