Arrington v. Department of Veterans Affairs, Stratton VA Medical Center et al
| Carl R. Arrington |
| Department of Veterans Affairs, Stratton VA Medical Center and James I. Dolph |
| 1:2012cv01033 |
| June 26, 2012 |
| US District Court for the Northern District of New York |
| Albany Office |
| Albany |
| Lawrence E. Kahn |
| Randolph F. Treece |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
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DECISION and ORDERED, that Defendants Motion (Dkt. No. 17) to dismiss is GRANTED; and it is further ORDERED, that Plaintiffs Amended Complaint (Dkt. No. 15) is DISMISSED in its ENTIRETY; and it is further ORDERED, that Plaintiffs constitutional claim s are DISMISSED with prejudice; and it is further ORDERED, that Plaintiffs tort claims are DISMISSED without prejudice; and it is further ORDERED, that if Plaintiff wishes to amend his Amended Complaint (Dkt. No. 15) and proceed with this action, he must do so within thirty (30) days from the date of filing of this Decision and Order. If Plaintiff does not comply with this Decision and Order and file a second amended complaint in a timely fashion, however, this matter will be dismissed without prejudice without further order of the Court. Signed by Senior Judge Lawrence E. Kahn on June 6, 2013. (sas)
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