Dozier v. Franco

Dozier v. Franco

Plaintiff:	Gary Lee Dozier, Jr.
Defendant:	J. Franco
Case Number:	1:2017cv03348
Filed:	May 4, 2017
Court:	US District Court for the Southern District of New York
Office:	White Plains Office
Presiding Judge:	Nelson Stephen Roman
Nature of Suit:	Prison Condition
Cause of Action:	42 U.S.C. § 1983
Jury Demanded By:	None

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Date Filed	Document Text
June 22, 2018	Filing 18 OPINION AND ORDER re: 13 MOTION to Dismiss Notice. filed by J. Franco. For the foregoing reasons, Defendants' Motion is GRANTED in its entirety and Plaintiff's Complaint is dismissed. The claims raised against Defendant in hi s official capacity are dismissed with prejudice. The claims for an Eighth Amendment violation against Defendant in his individual capacity, however, are dismissed without prejudice, and Plaintiff is granted leave to re-plead and file an Amended C omplaint that alleges more facts to that would shed light on Defendant's intent (such as comments he made at the time) or the circumstances surrounding the frisk, in line with this opinion. To the extent Plaintiff intends to file an Amended Co mplaint, he must do so on or before July 23, 2018. The Clerk of the Court is respectfully requested to terminate the motion at ECF No. 13. Upon review of the DOCCS records, the Court has discovered that Plaintiff is no longer housed at Downstate C orrectional Facility. The Clerk of the Court is therefore directed to mail a copy of this Opinion and Order to Plaintiff at Gary Lee Dozier, Jr., 11-A-1948, Sing Sing Correctional Facility, 354 Hunter Street, Ossining, New York 10562 and update the docket to reflect this address. Plaintiff is advised that it is his obligation to inform this Court of any and all address changes he has. (As further set forth in this Order.) (Amended Pleadings due by 7/23/2018.) (Signed by Judge Nelson Stephen Roman on 6/22/2018) (cf)

Date Filed

Document Text

June 22, 2018

Filing 18 OPINION AND ORDER re: 13 MOTION to Dismiss Notice. filed by J. Franco. For the foregoing reasons, Defendants' Motion is GRANTED in its entirety and Plaintiff's Complaint is dismissed. The claims raised against Defendant in hi s official capacity are dismissed with prejudice. The claims for an Eighth Amendment violation against Defendant in his individual capacity, however, are dismissed without prejudice, and Plaintiff is granted leave to re-plead and file an Amended C omplaint that alleges more facts to that would shed light on Defendant's intent (such as comments he made at the time) or the circumstances surrounding the frisk, in line with this opinion. To the extent Plaintiff intends to file an Amended Co mplaint, he must do so on or before July 23, 2018. The Clerk of the Court is respectfully requested to terminate the motion at ECF No. 13. Upon review of the DOCCS records, the Court has discovered that Plaintiff is no longer housed at Downstate C orrectional Facility. The Clerk of the Court is therefore directed to mail a copy of this Opinion and Order to Plaintiff at Gary Lee Dozier, Jr., 11-A-1948, Sing Sing Correctional Facility, 354 Hunter Street, Ossining, New York 10562 and update the docket to reflect this address. Plaintiff is advised that it is his obligation to inform this Court of any and all address changes he has. (As further set forth in this Order.) (Amended Pleadings due by 7/23/2018.) (Signed by Judge Nelson Stephen Roman on 6/22/2018) (cf)

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Plaintiff: Gary Lee Dozier, Jr.
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Defendant: J. Franco
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