Boykin v. Orange County New York et al
| Jermain Boykin |
| Newburgh New York Police Department, Orange County District Attorney, James Beckwith, David M. Hoovler, Orange County, City of Newburg, Booking/Intake Sergeant and Medical Department Area Sergeant |
| 1:2017cv06869 |
| September 8, 2017 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Kenneth M. Karas |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
126
OPINION AND ORDER: For the reasons stated above, County Defendants' Motion To Dismiss is granted, and the Court sua sponte dismisses Beckwith from the Action. All of Plaintiff's claims are dismissed with prejudice. The Clerk of Court is r espectfully directed to terminate the pending Motion, (see Dkt. No. 110), to mail a copy of this Opinion & Order to Plaintiff, and to close this case. SO ORDERED. James Beckwith (in his official and individual capacities) terminated. (Signed by Judge Kenneth M. Karas on 2/24/2020) (jca) Transmission to Docket Assistant Clerk for processing.
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Filing
95
OPINION AND ORDER: For the reasons stated above, County Defendants' and City of Newburgh's Motions To Dismiss are granted. Plaintiff's claims against the City of Newburgh are dismissed with prejudice. Even pro se plaintiffs are not e ntitled to amend a complaint if the complaint "contains substantive problems such that an amended pleading would be futile." Lastra v. Barnes & Noble Bookstore, No. 11-CV-2173, 2012 WL 12876, at *9 (S.D.N.Y. Jan. 3, 2012), affd, 523 F. Ap px 32 (2d Cir. 2013). Because the Court has twice adjudicated Plaintiffs claims against the City of Newburgh, the Court finds that further amendment would be futile. Accordingly, all claims against the City of Newburgh are dismissed with prejudice. However, because this is the first adjudication of Plaintiff's claims against Orange County, Torres, and Moreno, Plaintiff's claims against these Defendants are dismissed without prejudice. If Plaintiff wishes to file a third amended compla int as to these Defendants only, Plaintiff must do so within 30 days of the date of this Opinion. Plaintiff should include within that third amended complaint all changes to correct the deficiencies identified in this Opinion that Plaintiff wishes th e Court to consider. Plaintiff is advised that the third amended complaint will replace, not supplement, all prior complaints and filings. The third amended complaint must contain all of the claims and factual allegations that Plaintiff wishes the C ourt to consider. If Plaintiff fails to abide by the 30-day deadline, his claims may be dismissed with prejudice. The Clerk is respectfully directed to terminate the pending Motions, (see Dkt. Nos. 51, 73), and to mail a copy of this Opinion and Order to Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/26/2019) (jca) Transmission to Docket Assistant Clerk for processing.
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Filing
62
OPINION & ORDER re: 19 MOTION to Dismiss for Failure to State a Claim filed by City of Newburg. For the reasons stated above, Newburgh's Motion To Dismiss is granted. This Opinion does not impact Plaintiff's outstanding clai ms against the remaining Defendants. Moreover, because this is the first adjudication of Plaintiff's claims on the merits, the dismissal is without prejudice. If Plaintiff wishes to file an amended complaint, Plaintiff must do so within 30 days of the date of this Opinion. Plaintiff should include within that amended complaint any changes to correct the deficiencies identified in this Opinion that Plaintiff wishes the Court to consider. Plaintiff is advised that the amended complaint will replace, not supplement, the original complaint. The amended complaint must contain all of the claims and factual allegations Plaintiff wishes the Court to consider, including those against Defendants who have not joined in this Motion To Dismiss. T he Court will not consider factual allegations contained in supplemental letters, declarations, or memoranda. If Plaintiff fails to abide by the 30-day deadline, his claims against Newburgh may be dismissed with prejudice. The Clerk of Court is respectfully directed to terminate the pending Motion, (Dkt. No. 19), and to mail a copy of this Opinion & Order to Plaintiff's address listed on the docket. SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/6/2018) (mml)
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