Maldonado v. Shiro et al
| Angel Maldonado |
| Dora B. Shiro, Tony Durante and City of New York |
| 1:2015cv03409 |
| April 20, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| James L. Cott |
| Analisa Torres |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
37
OPINION AND ORDER: re: 31 MOTION to Dismiss the Second Amended Complaint. filed by William De Blasio, Dora B. Shiro, N.Y.C. Corporation Counsel, N.Y.C. Board of Corrections, Tony Durante, City of New York.For the foregoing reas ons, Maldonado's SAC is dismissed with prejudice. The Clerk of Court is directed to terminate the motion at Dkt. 31, close the case, and mail a copy of this order and all unpublished decisions cited therein to Maldonado at his address of record. Finally, the Court certifies that, pursuant to 28.U.S.C. 1915(a)(3), any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v.United States, 369 U.S. 438, 444-45 (1962). So Ordered. (Signed by Judge Paul A. Engelmayer on 6/16/2017) (js)
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Filing
25
OPINION & ORDER: Courts should generally not dismiss a pro se complaint without giving leave to amend at least once if there is any indication that, through a liberal reading of the complaint, a valid claim might be stated. See Cuoco v. M oritsugu, 222 F.3d 99, 112 (2d Cir. 2000). For the foregoing reasons, defendants' motion to dismiss is granted, and Maldonado is granted leave to file a second amended complaint by January 6, 2017. Failure to comply with this order may result in dismissal of the action pursuant to Rule 41 (b) of the Federal Rules of Civil Procedure. The Clerk of Court is directed to mail a copy of this order and all unpublished decisions cited therein to Maldonado at his address of record. (As further set forth in this Opinion & Order.) (Signed by Judge Paul A. Engelmayer on 12/14/2016) (mro)
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