Vasquez v. DOE et al
||JOHN DOE and Louis Falco
||November 10, 2015
||US District Court for the Southern District of New York
||White Plains Office
||Kenneth M. Karas
|Nature of Suit:
||Prisoner: Civil Rights
|Cause of Action:
||42 U.S.C. § 1983 Prisoner Civil Rights
|Jury Demanded By:
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|May 6, 2019
OPINION & ORDER re: 86 MOTION to Dismiss filed by Edward McManus, Gary Lazar, Michael Canavan, Keith Rosario. For the foregoing reasons, Defendants' Motion to Dismiss is granted. Plaintiff's claims are dismi ssed with prejudice because they are barred by the statute of limitations and further amendment would therefore be futile. See Lastra v. Barnes & Noble Bookstore, No. 11-CV-2173, 2012 WL 12876, at *9 (S.D.N.Y. Jan. 3, 2012) (stating that even pro se plaintiffs are not entitled to file an amended complaint if the complaint "contains substantive problems such that an amended pleading would be futile"), aff'd, 523 F. App'x 32 (2d Cir. 2013). The Clerk of Court is res pectfully directed to terminate the pending Motion, (see Dkt. No. 86), close this case, and mail a copy of this Opinion to Plaintiff. (Signed by Judge Kenneth M. Karas on 5/3/2019) (mro) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.
|September 26, 2017
OPINION & ORDER re: 46 MOTION to Dismiss . MOTION to Strike Document No. [Dkt. 41] in relevant part filed by Police Officers John Doe(s). In light of the foregoing discussion, Defendants' Motion To Dismiss is granted i n part and denied in part. Plaintiff is given one final opportunity to file an amended complaint addressing the deficiencies identified above and specifically naming the individual defendants against whom he wishes to proceed so that those defendan ts may be served. As discussed above, the individuals are Garry Lazar, Keith Rosario, Edward McManus, and Michael Canavan. (See Dkt. Nos. 12, 16.) The amended complaint must be filed within 45 days from the date of this Opinion. If Plaintiff does not comply with these instructions, this Action will be dismissed with prejudice. The Clerk of Court is respectfully directed to terminate the pending Motion, (see Dkt. No. 46), and to mail a copy of this Opinion to Plaintiff. (As further set forth in this Order.) (Signed by Judge Kenneth M. Karas on 9/26/2017) (cf)
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