Leneau v. Ponte et al
| Ernest Leneau |
| Joseph Ponte, K. Collins, Deputy Warden Programs, John/Jane Doe and De Jesus |
| 1:2016cv00776 |
| February 2, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Unassigned |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
58
OPINION AND ORDER. For the reasons stated above, Defendants' motion to dismiss is GRANTED in part and DENIED in part: All of Plaintiff's claims against Commissioner Ponte are dismissed without prejudice. All of Plaintiff's claims again st Deputy Warden Collins are dismissed without prejudice. Plaintiff's Fourteenth Amendment equal protection claim against C.O. DeJesus is dismissed without prejudice. Plaintiff's Eighth Amendment claim against C.O.s DeJesus and Covington is dismissed with prejudice to the extent that claim is based on Plaintiff's work detail. Plaintiff's Eighth Amendment claim is dismissed without prejudice to the extent that claim is based on verbal harassment and Plaintiff's transfer t o the OBCC. Plaintiff's claim for deprivation of personal property against C.O. Covington is dismissed without prejudice. Plaintiff's Fourth Amendment unreasonable search claim against C.O. Covington is dismissed without prejudice. Plaintif f's Fourteenth Amendment due process claims against C.O.s DeJesus and Covington are dismissed with prejudice. Plaintiff's municipal liability claim is dismissed without prejudice. Plaintiff's First Amendment retaliation claim survives. However, Plaintiff's claim for compensatory damages is dismissed without prejudice. Plaintiff's state law claims survive. Plaintiff is granted leave to replead those claims that have been dismissed without prejudice no later than 30 days f ollowing the date of this order. The Court certifies under 28 U.S.C. § 1915(a)(3) that 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. Un ited States, 369 U.S. 438, 444-45 (1962). The Court requests that counsel for Defendants provide Plaintiff with copies of unpublished cases cited in this decision pursuant to Local Rule of the United States District Courts for the Southern and Easter n Districts of New York 7.2. The Clerk of Court is directed to terminate the motion pending at ECF No. 53 and to mail a copy of this order to Plaintiff by certified mail. SO ORDERED. re: 53 MOTION to Dismiss the Third Amended Complaint filed by Joseph Ponte, S. Covington, Sandra De Jesus, Karen Collins. Karen Collins and Joseph Ponte terminated. (Signed by Judge Gregory H. Woods on 1/25/2018). (rjm)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
