Waller v. Dubois et al
| Shakeel Qaudeer Waller |
| Carl DuBois, County of Orange, Correct Care Solutions, Diane, Soden, Elliot Wagner, Oscar Jerkins and Kenneth Decker |
| 1:2016cv06697 |
| August 25, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Colleen McMahon |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
82
OPINION AND ORDER: For the reasons stated above, Defendants' Motion To Dismiss is granted. Because this is the second adjudication of Plaintiffs claims on the merits and he has failed to state a claim, the dismissal is with prejudice. Even pro se plaintiffs are not entitled to file an amended complaint if the complaint "contains substantive problems such that an amended pleading would be futile." Lastra v. Barnes & Noble Bookstore, No. 11-CV-2173, 2012 WL 12876, at *9 (S.D.N.Y . Jan. 3, 2012), aff'd, 523 F. App'x 32 (2d Cir. 2013). Because the Court finds that further amendment would be futile, Plaintiffs claims are dismissed with prejudice. Melvin, 2016 WL 1254394, at *24 n.19 (granting motion to dismiss with pr ejudice where "[the] [p]laintiff has already had two bites at the apple, and they have proven fruitless" (citation, alterations, and quotation marks omitted)). The Clerk of Court is respectfully directed to terminate the pending Motion, (Dk t. No. 72), and to mail a copy of this Opinion & Order to Plaintiffs address listed on the docket. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/29/2019) (jca) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.
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Filing
59
OPINION & ORDER: re: 39 MOTION to Dismiss, filed by Oscar Jerkins, Carl DuBois, County of Orange, Kenneth Decker, Correct Care Solutions, Soden, Diane. For the reasons stated above, Defendants' Motion To Dismiss is gr anted. In light of Plaintiffs prose status, and because this is the first adjudication of Plaintiffs claims on the merits, Plaintiffs claims are dismissed without prejudice. If Plaintiff wishes to file an amended complaint, Plaintiff should includ e within that amended complaint any changes to correct the deficiencies identified in this Opinion that Plaintiff wishes the Court to consider. The amended complaint will replace, not supplement, the original complaint. The 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. Plaintiff must file any amended complaint withi n 30 days. Failure to do so may result in dismissal of this Action with prejudice. The Clerk of Court is respectfully directed to terminate the pending Motion, (Dkt. No. 39), and to mail a copy of this Opinion & Order to Plaintiffs address listed on the docket, and as further set forth in this order. (Signed by Judge Kenneth M. Karas on 3/29/2018) (ap)
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