Carter v. Ponte et al
| Vingal Carter |
| Joseph Ponte and Maxsolaine Mingo |
| 1:2017cv01830 |
| March 10, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Colleen McMahon |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
40
OPINION AND ORDER re: 20 MOTION to Dismiss Notice of Motion to Dismiss the Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). filed by Maxsolaine Mingo. Because Plaintiff has been provided with sufficient notice that Defendants ' motion may be converted to a motion for summary judgment, Defendants' motion is converted to a motion for summary judgment. The motion for summary judgment is GRANTED and Plaintiff's claims are dismissed with prejudice, as the April 2017 General Release is valid and enforceable and bars Plaintiff from bringing the instant action, and any amendment would be futile. The Clerk of Court is respectfully directed terminate the pending motion, (Doc. 20), enter judgment for Defendants, mail a copy of this Opinion & Order and the judgment to the pro se Plaintiff, and close this case. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore in forma paup eris status is denied for the purposes of an appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/28/2018) (rro) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.
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