Aikens v. Royce

Aikens v. Royce

Plaintiff:	Anthony Aikens
Defendant:	Royce
Case Number:	1:2014cv00663
Filed:	January 27, 2014
Court:	US District Court for the Southern District of New York
Office:	White Plains Office
County:	Wyoming
Presiding Judge:	Kenneth M. Karas
Nature of Suit:	Civil Rights
Cause of Action:	42 U.S.C. § 1983
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
September 30, 2016	Filing 74 OPINION & ORDER re: 54 MOTION to Dismiss Third Amended Complaint, filed by Royce. The Court grants Defendant's Motion. Because Plaintiff has already amended his complaint twice-including once in response to this Court's de cision on the merits of his claims-but has still failed to state a claim, the Third Amended Complaint is dismissed with prejudice. See Denny v. Barber, 576 F.2d 465, 471 (2d Cir. 1978) (holding that the plaintiff was not entitled to "a third g o-around"); Melvin v. Cty. of Westchester, No. 14-CV-2995, 2016 WL 1254394, at *24 n.19 (S.D.N.Y. Mar. 29, 2016) (granting motion to dismiss with prejudice where "[the] [p]laintiff has already had two bites at the apple, and they have pr oven fruitless" (alteration and internal quotation marks omitted)). The Clerk of Court is respectfully requested to terminate the pending Motion, (Dkt. No. 54), and close this case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/30/16) (yv)
December 1, 2015	Filing 43 OPINION AND ORDER re: 32 MOTION to Dismiss filed by Royce. In light of the foregoing analysis, the Court grants Defendant's Motion to Dismiss Plaintiff's Second Amended Complaint. The Clerk of Court is respectfully requested to terminate the pending Motion. (Dkt. No. 32.) Plaintiff may file a Third Amended Complaint within 30 days of the date of this Order. So Ordered. (Signed by Judge Kenneth M. Karas on 12/1/15) (yv)

Date Filed

Document Text

September 30, 2016

Filing 74 OPINION & ORDER re: 54 MOTION to Dismiss Third Amended Complaint, filed by Royce. The Court grants Defendant's Motion. Because Plaintiff has already amended his complaint twice-including once in response to this Court's de cision on the merits of his claims-but has still failed to state a claim, the Third Amended Complaint is dismissed with prejudice. See Denny v. Barber, 576 F.2d 465, 471 (2d Cir. 1978) (holding that the plaintiff was not entitled to "a third g o-around"); Melvin v. Cty. of Westchester, No. 14-CV-2995, 2016 WL 1254394, at *24 n.19 (S.D.N.Y. Mar. 29, 2016) (granting motion to dismiss with prejudice where "[the] [p]laintiff has already had two bites at the apple, and they have pr oven fruitless" (alteration and internal quotation marks omitted)). The Clerk of Court is respectfully requested to terminate the pending Motion, (Dkt. No. 54), and close this case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/30/16) (yv)

December 1, 2015

Filing 43 OPINION AND ORDER re: 32 MOTION to Dismiss filed by Royce. In light of the foregoing analysis, the Court grants Defendant's Motion to Dismiss Plaintiff's Second Amended Complaint. The Clerk of Court is respectfully requested to terminate the pending Motion. (Dkt. No. 32.) Plaintiff may file a Third Amended Complaint within 30 days of the date of this Order. So Ordered. (Signed by Judge Kenneth M. Karas on 12/1/15) (yv)

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Plaintiff: Anthony Aikens
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