Wheeler v. Artola et al
| Damon Wheeler |
| Artola, The City of Middletown Narcotics Unit and The City of Middletown |
| 1:2016cv09065 |
| November 21, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Westchester |
| Unassigned |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
78
OPINION AND ORDER: For the foregoing reasons, Defendants' Motion to Dismiss is granted. Because this is the second adjudication of Plaintiff's claims on the merits, the dismissal is with prejudice. See Lastra v. Barnes & Noble Bookstore, No. 11-CV-2173, 2012 WL 12876, at *9 (S.D.N.Y. Jan. 3, 2012) (stating that 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" ;), aff'd, 523 F. App'x 32 (2d Cir. 2013). The Clerk of the Court is respectfully requested to terminate the pending motion, (Dkt. No. 67), mail a copy of this Opinion to Plaintiff, and close this case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 7/9/2019) (jca) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.
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Filing
53
OPINION AND ORDER re: 33 MOTION to Dismiss filed by Ronald Magsamen, Ahmed Artola, Ramon Bethencourt, John Doe Police Officers 1-10, The City of Middletown, Jane Doe, Nathanael DeYoung, N. DeYoung, Slanovec, Michael Ribi ero, Richard Roe, Jason Jennings, Patrick Gass, Charles Nyland, Fred Slanovec, The City of Middletown Narcotics Unit, Det. Jennings. For the foregoing reasons, Defendant' Motion to Dismiss is granted. However, because this is the first adjudication of Plaintiff's 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, liberally permit pr o se litigants to amend their pleadings" unless "amendment would be futile"). Within 14 days of the date of this Opinion, the New York State Attorney General's Office, the attorney and agent for DOCCS, is directed to comply with the Court's previous Valentin Order and provide the names and service addresses of Defendants Jane Doe and Richard Roe to Plaintiff and the Court. (See Dkt. No. 14.) Within 30 days of receiving this information, Plaintiff must file a Second Ame nded Complaint naming the Jane Doe and Richard Roe Defendants. Once Plaintiff has filed a Second Amended Complaint, the Court will direct the Clerk of Court to fill out a USM-285 form for these Defendants, issue a summons, and deliver all of the pa perwork necessary to the Marshals Service to effect service upon Defendants Jane Doe and Richard Roe. Plaintiff should also include within that Second Amended Complaint any changes to correct the deficiencies identified in this Opinion that Plaintif f wishes the Court to consider. The Second Amended Complaint will replace, not supplement, all previous complaints. 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 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. 33), and to mail a copy of this Opinion to Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/8/2018) (mml)
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