Stapleton v. Ponte et al
| Kadar Stapleton |
| Lisette Camilo, Department of Correction, Joseph Ponte, Dora B. Schriro, The City of New York and the New York City Department of Citywide Adminstrative Services |
| 1:2017cv00514 |
| January 30, 2017 |
| U.S. District Court for the Eastern District of New York |
| Brooklyn Office |
| Lois Bloom |
| LaShann DeArcy Hall |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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Filing
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MEMORANDUM AND ORDER: For the reasons stated in the attached order, Defendants' motion 14 to dismiss is GRANTED and Plaintiff's claims are dismissed with prejudice. Further, Defendants' motion 14 to stay discovery is DENIED as moo t. Whereas, ordinarily, the Court would allow a plaintiff an opportunity to amend his pleading, see Cruz v. Gomez, 202 F.3d 593, 597-98 (2d Cir. 2000), it need not afford that opportunity, where, as here, it is clear from the face of the complaint t hat any such amendment would be futile. See Roth v. CitiMortgage Inc., 756 F.3d 178, 183 (2d Cir. 2014) ("Leave to amend need not be granted where the proposed amendment would be futile."). The Clerk of Court is respectfully directed to close this case. Ordered by Judge LaShann DeArcy Hall on 3/28/2018. (Garrett, Ruby)
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