Manswell v. United States of America et al
| Curlene Manswell |
| United States of America, Harley Lappin, Scott D. Dodrill, James Cross, Jr., Newton Kendig and Mark Glover |
| 1:2009cv04102 |
| April 27, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kings |
| Richard J. Holwell |
| Plaintiff |
| 28 U.S.C. ยง 2671 Federal Tort Claims Act |
| Plaintiff |
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Filing
24
MEMORANDUM OPINION AND ORDER. Defendants' motion to dismiss the Bivens defendants, 16 , is granted in part. Counts one through four, as alleged against defendants Lappin, Dodrill, Cross, and Kendig, are dismissed without prejudice and with leave to replead. See Cortec Industries, Inc. v. Sum Holding L.P., 949 F.2d 42, 48 (2d Cir. 1991) ("It is the usual practice upon granting a motion to dismiss to allow leave to replead."). (Signed by Judge Richard J. Holwell on 8/9/10) (rjm)
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