Jones v. Annucci et al

Plaintiff: Jermal Jones
Defendant: Anthony Annucci, Cheryl Morris, Thomas Griffin and Jaifa Collado
Case Number: 1:2016cv03516
Filed: May 11, 2016
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Dutchess
Presiding Judge: Loretta A. Preska
Nature of Suit: Prison Condition
Cause of Action: 42:1983
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
February 14, 2018 Opinion or Order Filing 44 OPINION AND ORDER re: 29 MOTION to Dismiss the Amended Complaint, filed by Thomas Griffin, Cheryl Morris, Jaifa Collado, Anthony Annucci. For the foregoing reasons, Defendants' Motion to Dismiss is granted. However, because th is is the first adjudication of Plaintiffs claims on the merits, the dismissal is without prejudice. See Terry v. Inc. Vill. Of Patchogue, 826 F.3d 631, 633 (2d Cir. 2016) (explaining that "district judges should, as a general matter, liberal ly permit pro se litigants to amend their pleadings" unless "amendment would be futile"). Should Plaintiff choose to file an amended complaint, he must do so within 30 days of this Opinion, addressing the deficiencies identified herei n. The new amended complaint will replace, not supplement, the complaint currently before the Court. It therefore must contain all of the claims and factual allegations Plaintiff wishes the Court to consider. The Court will not consider factual all egations raised in supplemental declarations, affidavits, or letters. If Plaintiff fails to abide by the 30-day deadline, this Action could be dismissed with prejudice. The Clerk of the Court is respectfully requested to terminate the pending motion, (Dkt. No. 29), and to mail a copy of this Opinion to Plaintiff. (Signed by Judge Kenneth M. Karas on 2/13/2018) (ras)

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Plaintiff: Jermal Jones
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Defendant: Anthony Annucci
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Defendant: Cheryl Morris
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Defendant: Thomas Griffin
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Defendant: Jaifa Collado
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