Martin v. City of University of New York et al
| John Martin |
| City of University of New York, Kingsborough Community College and LaGuardia Community College |
| 1:2017cv06791 |
| September 5, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Katherine Polk Failla |
| Employment |
| 42 U.S.C. ยง 2000 |
| Plaintiff |
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Filing
24
OPINION AND ORDER re: 19 MOTION to Dismiss the Amended Complaint. filed by Kingsborough Community College, LaGuardia Community College, City of University of New York. For the foregoing reasons, Defendant's motion to dism iss is GRANTED. Plaintiff's claims under 42 U.S.C. § 1981, Title VII, and the ADEA are dismissed with prejudice, and his claims under the NYSHRL and the NYCHRL are dismissed without prejudice to permit their filing in state court. Furthe r, because (i) Plaintiff has already been given an opportunity to amend his complaint, (ii) Plaintiff has not explained how further amendment would cure the deficiencies identified in this Opinion, and (iii) the analysis above makes plain that any amendment of Plaintiff's federal claims would be futile, the Court denies Plaintiff leave to file a Second Amended Complaint. See Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000) (affirming denial of motion to amend pro se complaint where co mplaint's deficiencies were "substantive" and thus repleading was futile). The Clerk of Court is directed to terminate all motions, adjourn all remaining dates, and close this case. Finally, the Court certifies, pursuant to 28 U.S.C. & #167; 1915(a)(3), that any appeal from this Opinion and Order would not be taken in good faith. Therefore, in forma pauperis status is denied for purposes of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Katherine Polk Failla on 12/11/2018) (rro) Transmission to Orders and Judgments Clerk for processing.
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