Vallen v. Beau Plan et al
| Barry Vallen |
| Dr. Roger Beau Plan, Dr. Leoncia Carlotta and Dr. Bilal Khan |
| 2:2015cv00703 |
| February 9, 2015 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Arlene R. Lindsay |
| Joanna Seybert |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
25
MEMORANDUM & ORDER granting 20 Motion to Dismiss for Failure to State a Claim; For the foregoing reasons, Defendants' motion to dismiss (Docket Entry 20) is GRANTED and the Amended Complaint is DISMISSED WITH PREJUDICE. Defendants' req uest for an order barring Plaintiff from filing additional lawsuits against Pilgrim or its employees is DENIED WITHOUT PREJUDICE. The Clerk of the Court is directed to mail a copy of this Memorandum and Order to the pro se Plaintiff. Given Plaintiff& #039;s pro se status, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Memorandum and Order would not be taken in good faith and therefore in forma pauperis status is DENIED for purposes of an appeal. The Clerk of the Court is directed to mark this case CLOSED. So Ordered by Judge Joanna Seybert on 2/14/2017. C/M; C/ECF (Valle, Christine)
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Filing
15
MEMORANDUM & ORDER granting in part 10 Motion to Dismiss for Failure to State a Claim; For the foregoing reasons, Defendants' motion to dismiss (Docket Entry 10) is GRANTED IN PART and the Complaint is DISMISSED WITHOUT PREJUDICE pursuant to FED R. CIV. P. 12(b)(6) and 28 U.S.C. § 1915(e)(2)(B)(ii). Plaintiff is GRANTED LEAVE TO FILE AN AMENDED COMPLAINT within thirty (30) days from the date of this Memorandum and Order. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3 ) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is DENIED for the purpose of any appeal. The Clerk of the Court is directed to mail a copy of this Memorandum and Order to the pro se Plaintiff. So Ordered by Judge Joanna Seybert on 2/4/2016. C/M; C/ECF (Valle, Christine)
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