Blue v. City of New York et al
| Anthony Blue |
| City of New York, Gregory Carro, Bruce Allen, Ellen Biben, Francis R. Amabile, Robert Montemagno, J. Edwards, Patricia Schreiber, Cyrus R. Vance, Jr., Erica O'Brien, Marrissa Darden, James Bergamo, Timothy Duda, Jolt Mena, Andre Williams, Denny Acosta, Michael Morales and Jane/John Doe 1-20 |
| 1:2016cv09990 |
| December 28, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Clinton |
| Colleen McMahon |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
64
OPINION AND ORDER re: 49 MOTION to Dismiss Notice of Motion, filed by City of New York, 44 MOTION to Dismiss Notice of Motion, filed by Erica O'Brien, Cyrus R. Vance, Jr. Because Plaintiff failed to plausibly allege claims against the DA Defendants and City Defendants, their motions to dismiss are GRANTED in their entirety, and Plaintiff's claims are dismissed with prejudice as to all of his § 1983 and § 1985 claims as well as all state law claim s analyzed under the same standard. To the extent that Plaintiff's allegations in the Second Amended Complaint can be construed to give rise to additional state law claims, I decline to exercise jurisdiction over these claims and they are dismis sed without prejudice to filing those claims in state court. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this Opinion and Order would not be taken in good faith, and therefore in forma pauperis status is denied for th e purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 44445 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). The Clerk of Court is respectfully directed to mail a copy of this Opinion and Order to the pro se Plaintiff and enter judgment for Defendants. (Signed by Judge Vernon S. Broderick on 6/4/2018) (rro) Modified on 6/4/2018 (rro).
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