Johnson v. Tucker et al
| Christopher Johnson |
| Bruce Tucker, Christopher Kinne, William Elbert and Carol Chiocchi |
| 1:2017cv02739 |
| April 14, 2017 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Kenneth M. Karas |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
23
OPINION AND ORDER re: 21 MOTION to Dismiss . filed by Carol Chiocchi. For the reasons stated above, Defendants' partial Motion To Dismiss is granted as toDefendant Chiocchi. This Opinion does not impact Plaintiffs outstanding cla ims against theremaining Defendants. Moreover, because this is the first adjudication of Plaintiffs claims onthe merits, the dismissal is without prejudice. If Plaintiff wishes to file an amended complaint,Plaintiff must do so within 30 days of the d ate of this Opinion. Plaintiff should include withinthat amended complaint any changes to correct the deficiencies identified in this Opinion thatPlaintiff wishes the Court to consider. Plaintiff is advised that the amended complaint willreplace, not supplement, the original complaint. The amended complaint must contain all of theclaims and factual allegations Plaintiff wishes the Court to consider, including those againstDefendants who have not yet filed a Motion To Dismiss. The Court will not consider factualallegations contained in supplemental letters, declarations, or memoranda. If Plaintiff fails toabide by the 30-day deadline, his claims against Chiocchi may be dismissed with prejudice andthe Court will proceed with the case against the remaining Defendants.The Clerk of Court is respectfully directed to terminate the pending Motion, (Dkt. No.21), and to mail a copy of this Opinion & Order to Plaintiffs address on the docket. Carol Chiocchi (In Official Capacity) and Carol Chiocchi (Individual Capacity) terminated. (Signed by Judge Kenneth M. Karas on 6/12/2018) (rro)
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