Washup v. Melenis et al
| Lucinda Washington |
| Melenis, Woods, Fracis and Ross |
| 1:2016cv06469 |
| August 16, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Colleen McMahon |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
33
OPINION & ORDER re: 29 FIRST MOTION to Dismiss Notice of Motion filed by Melis, Warden Kaplan. For the foregoing reasons, Defendants' Motion To Dismiss is granted. However, because this is the first adjudication of Plaintiff' ;s claims on the merits, the dismissal is without prejudice. If Plaintiff wishes to file a second amended complaint, Plaintiff should include within that amended complaint any changes to correct the deficiencies identified in this Opinion that Plain tiff wishes the Court to consider. The second amended complaint will replace, not supplement, the instant complaint. The second amended complaint must contain all of the claims and factual allegations Plaintiff wishes the Court to consider. The Court will not consider factual allegations contained in supplemental letters, declarations, or memoranda. If Plaintiff fails to abide by the 30-day deadline, this Action may 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 & Order to Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 5/22/2018) (mml)
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