Thatcher v. Down State Correctional Facility et al
| Joaquin Thatcher |
| Down State Correctional Facility, John Doe, Jane Doe, Female Sgt. and Ada Perez |
| 1:2016cv02310 |
| March 28, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Dutchess |
| Unassigned |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
34
OPINION AND ORDER: re: 25 MOTION to Dismiss filed by Gold, Cassillas, Ada Perez, Grisenthwaite, Candibus, Wells, Kynoch. For the foregoing reasons, Defendants' Motion To Dismiss is granted. Plaintiff's claims as to Defendant DOCCS are d ismissed with prejudice. Plaintiff's claims as to Defendants Perez, Candibus, Cassillas, Wells, Gold, Kynoch, Grisenthwaite, and Gonzalez are dismissed without prejudice. If Plaintiff wishes to file a second amended complaint as to these Defenda nts only, Plaintiff must do so within 30 days of the date of this Opinion. Plaintiff should include within that second amended complaint any changes to correct the deficiencies identified in this Opinion that Plaintiff wishes the Court to consider. P laintiff is advised that the second amended complaint will replace, not supplement, all prior complaints. The second amended complaint must contain all of the claims and factual allegations Plaintiff wishes the Court to consider, and comply with Rule 8 of the Federal Rules of Civil Procedure. If Plaintiff fails to abide by the 30-day deadline, his claims may be dismissed with prejudice. The Clerk of the Court is respectfully requested to terminate the pending motion, (Dkt. No. 25), and to mail a copy of this Opinion to Plaintiff. SO ORDERED., Gold (7-3 / 3-11 Shift), Gonzalez (3-11 Shift), Grisenthwaite (7-3 / 3-11 Shift), Kynoch (7-3 Shift), Ada Perez, Wells (7-3 Shift ), Candibus (7am - 3pm Shift) and Cassillas (7-3 / 3-11 Shift) terminated. (Signed by Judge Kenneth M. Karas on 11/02/2018) (ama) Transmission to Docket Assistant Clerk for processing.
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