Rainey v. Ponte et al
| Malik Rainey |
| Joseph Ponte, Monica Windley, Deputy Warden Security Caputo, Captain Valejo and CO. Jackson |
| 1:2016cv06336 |
| August 10, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Edgardo Ramos |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
17
OPINION AND ORDER re: 12 MOTION to Dismiss filed by Joseph Ponte, Deputy Warden Security Caputo, Monica Windley: Pro se Plaintiff Malik Rainey brings this action against Commissioner Joseph Ponte, Warden Monica Windley, Deputy Warden Security Caput o, Captain Valejo, and Corrections Officer Jackson (collectively Defendants) pursuant to 42 U.S.C. § 1983, alleging violations of his First, Fourth, Eighth, and Fourteenth Amendment rights stemming from the improper filming of inmates in the sho wers and the strip searches conducted in religious areas. Before the Court is Defendants motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons set forth above, Defendants' motion to dismiss is GRANTED without pr ejudice. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff and terminate the motion, Doc. 12. Plaintiff is directed to amend his Complaint, if at all, by no later than August 17, 2017. Furthermore, the Court certif ies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Opinion and Order would not be taken in good faith; therefore, in forma pauperis status is denied for purposes of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Amended Pleadings due by 8/17/2017.) (Signed by Judge Edgardo Ramos on 7/28/2017) (jwh)
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