Smith v. Lioidice et al
| Steven L. Smith |
| Lioidice, Griffin and Collado |
| 1:2017cv07028 |
| September 14, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Colleen McMahon |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
60
MEMORANDUM OPINION AND ORDER re: 56 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim. filed by Michelle Lioidice. For the foregoing reasons, the Court GRANTS Defendants' motion to dismiss Plaintiff' ;s Second Amended Complaint with prejudice, as any amendment would be futile. See Reed v. Friedman Mgt. Corp., 541 F. App'x 40, 41 (2d Cir. 2013) (District courts should frequently provide leave to amend before dismissing a pro se complaint. H owever, leave to amend is not necessary when it would be futile. (citing Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000))). Additionally, and because Plaintiff has already been given notice and an opportunity to cure the deficiencies in his pl eading, but has failed to cure them, leave to replead is also properly denied. See Cox v. City of New Rochelle, No. 17-CV-8193, 2020 WL 5774910, at *9 (S.D.N.Y. Sept. 28, 2020). The Clerk is instructed to terminate the motion sequence pending at Doc. 56, mail a copy of this Memorandum Opinion and Order to Plaintiff, and close this case. (Signed by Judge Philip M. Halpern on 6/30/2021) (nb) Transmission to Docket Assistant Clerk for processing.
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Filing
51
ORDER TO SHOW CAUSE: Accordingly, it is hereby ORDERED that Plaintiff show cause in writing on or before September 8, 2020, why this action should not be dismissed with prejudice for want of prosecution pursuant to Fed. R. Civ. P. 41(b). Failure to comply with this Court's Order will result in dismissal of this case for want of prosecution. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff at the address listed on ECF. SO ORDERED. (Signed by Judge Philip M. Halpern on 8/5/2020) (ks)
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Filing
49
ORDER: On April 13, 2020, Plaintiff filed an Amended Complaint. (Doc. 44). By letter dated April 23, 2020, Plaintiff requested to further amend his Amended Complaint. (Doc. 45). Plaintiffs Amended Complaint does not comply with the Courts March 2, 2020 Order, which instructed Plaintiff that "Plaintiff's Amended Complaint will completely replace, not supplement, the original complaint, [and, therefore,] any facts or claims that Plaintiff wishes to remain must be included in the Amended Complaint." (See Doc. 38). Plaintiff's Amended Complaint and supplement do not allege or assert facts and claims, but instead include Plaintiffs purported arguments. Therefore, the Court strikes ECF Nos. 44, 45 from the docket and grants Plaintiff thirty days from the date of this order to file a Second Amended Complaint. Defendants are instructed to mail a copy of this Order to Plaintiff and provide proof of service on the docket. Plaintiff is again reminded that his Seco nd Amended Complaint will completely replace his original complaint. Any claims that he wishes to remain must be realleged in his Amended Complaint. In his Amended Complaint, Plaintiff must provide the facts of his case, but he need not include le gal arguments or references to cases. In the statement of claim, Plaintiff must provide a short and plain statement of the relevant facts supporting each claim against each defendant named in the amended complaint. Plaintiff is also directed to provide the addresses for any named defendants. To the greatest extent possible, Plaintiff's Second Amended Complaint must As further set forth in this order. Essentially, the body of Plaintiff's amended complaint must tell the Cou rt: who violated his federally protected rights; what facts show that his federally protected rights were violated; when such violation occurred; where such violation occurred; and why Plaintiff is entitled to relief. The Clerk is instructed to strike ECF Nos. 44 and 45. SO ORDERED. (Signed by Judge Philip M. Halpern on 5/5/2020) (ks)
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Filing
38
OPINION & ORDER re: 31 MOTION to Dismiss . filed by Lioidice, Collado, Griffin. For the foregoing reasons, Defendants' motion to dismiss is GRANTED in its entirety. Plaintiff's access to the courts claims against Defe ndants Lioidice, Griffin, and Collado are dismissed without prejudice. Plaintiff's retaliation claim against Defendant Lioidice is also dismissed without prejudice. Should Plaintiff choose to reassert his claims that were dismissed without pre judice, Plaintiff may file an Amended Complaint consistent with this Opinion and Order on or before April 3, 2020. Because Plaintiff's Amended Complaint will completely replace, not supplement, the original complaint, any facts or claims that Plaintiff wishes to remain must be included in the Amended Complaint. An Amended Civil Rights Complaint form is attached to this Opinion. If Plaintiff elects to file an Amended Complaint, Defendants shall have thirty days from the date of Plainti ff's filing to respond. Failure to file an Amended Complaint within the time allowed, and without good cause to excuse such failure, will result in dismissal of Plaintiffs Complaint with prejudice. Accordingly, the Clerk of the Court is respec tfully directed to terminate Defendants' Motion to Dismiss at ECF No. 31. The Clerk of the Court is further directed to mail a copy of this Opinion to Plaintiff at his last address listed on ECF and file proof of service on the docket. (Signed by Judge Nelson Stephen Roman on 3/2/2020) (rj) Transmission to Docket Assistant Clerk for processing.
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