Ward v. Capra et al
| Langsden M. Ward |
| Michael Capra and Richard MacGill |
| 1:2016cv06533 |
| August 18, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Westchester |
| Colleen McMahon |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
72
OPINION AND ORDER: For the foregoing reasons, Defendants' Motion To Dismiss is granted. The Second Amended Complaint is dismissed in its entirety. Dismissal is with prejudice. The Clerk of the Court is respectfully requested to terminate the pending motion, (Dkt. No. 61 ), to mail a copy of this Opinion to Plaintiff, and to close this case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/30/2019) (jca) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.
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Filing
39
OPINION & ORDER re: 28 MOTION to Dismiss Amended Complaint as against Defendant Capra filed by Michael Capra. For the foregoing reasons, Defendant Capras Motion To Dismiss is granted as to the deliberate indifference claims agains t him. However, because this is the first adjudication of Plaintiff's claims against Capra on the merits, the dismissal is without prejudice. Should Plaintiff choose to file an amended complaint correcting the deficiencies identified above, h e must do so within 30 days of the date of this Opinion & Order. 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 allegations raised in supplemental declarations, affidavits, or letters. If Plaintiff fails to abide by the 30-day deadline, the claim against Capra could be dismissed with prejudice. The Clerk of the Court is directed to mail a copy of this Order to Plaintiff and terminate the pending motion. (Dkt. No. 28.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/29/2018) (anc)
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