Soto v. Marist College et al
Roberto Soto |
Marist College, Lyn LePre, Sue Lawrence and Debroah Raikes-Colbert |
1:2017cv07976 |
October 17, 2017 |
US District Court for the Southern District of New York |
Foley Square Office |
Colleen McMahon |
Civil Rights: Jobs |
42 U.S.C. ยง 2000 e-2e Job Discrimination (Unlawful Employment Practices) |
None |
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Filing 41 OPINION AND ORDER: For the foregoing reasons, Defendants' Motion To Dismiss is granted. However, because this is the first adjudication of Plaintiff's claims on the merits, the dismissal is without prejudice. See Terry v. Inc. Vill. of Pa tchogue, 826 F.3d 631, 633 (2d Cir. 2016) (explaining that "district judges should, as a general matter, liberally permit pro se litigants to amend their pleadings" unless "amendment would be futile"). Should Plaintiff choose to file a second amended complaint, he must do so within 30 days of this Opinion, addressing the deficiencies identified herein. The second amended complaint will replace, not supplement, the Amended Complaint currently before the Court. It therefor e must contain all of the claims and factual allegations Plaintiff wishes the Court to consider. The Court will not consider factual allegations raised in supplemental declarations, affidavits, or letters. If Plaintiff fails to abide by the 30-day deadline, this action could be dismissed with prejudice. The Clerk of Court is respectfully requested to terminate the pending Motion. (See Dkt. No. 32.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/5/2019) (jca) |
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