Greenland v. The Municipality of Westchester County et al
| Ronald C. Greenland |
| The Municipality of Westchester County, The Westchester District Attorney Office, Lana Hochheiser, John O'Rourke, Paul Noto, The Westchester County Police and Public Safety, Glenna Lunn, Edward W. Kelch, James Greer, Department Laboratories and Research Division of Forensic Science and Mary E. Eustace |
| 1:2018cv03157 |
| April 10, 2018 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Kenneth M. Karas |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
68
OPINION AND ORDER re: 50 MOTION to Dismiss Plaintiff's Amended Complaint. filed by Edward W. Kelch, Lana Hochheiser, Mary E. Eustace, James Greer, John O'Rourke, Paul Noto, Glenna Lunn, The Municipality of Westchester County. For the reas ons stated above, Defendants' Motion To Dismiss is granted. Plaintiff's Amended Complaint contained virtually all the same fatal flaws as his Complaint. Notwithstanding Plaintiff's pro se status, the Court sees no reason to provide Pla intiff with yet another opportunity to amend. A complaint should be dismissed without prejudice if the pleading, "'liberally read,' suggests that the plaintiff has a claim that []he has inadequately or inartfully pleaded and that []he should therefore be given a chance to reframe. Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000) (citation and alterations omitted) (quoting Gomez v. USAA Fed. Sav. Bank, 171 F.3d 794, 795 (2d Cir. 1999)). If a complaint, however, has substantive p roblems and "[a] better pleading will not cure [them]," "[s]uch a futile request to replead should be denied." Id. (citing Hunt v. All. N Am. Gov't Income Tr., 159 F.3d 723, 728 (2d Cir. 1998)). Even pro se plaintiffs are not entitled to file an amended 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), aff 9;d, 523 F. Appx 32 (2d Cir. 2013). Because the Court finds that further amendment would be futile, Plaintiffs claims are dismissed with prejudice. See Franza v. Stanford, No. 16-CV-7635, 2019 WL 452053, at *8 (S.D.N.Y. Feb. 5, 2019) (dismissing pro se plaintiff's amended pleading with prejudice). The Clerk is respectfully directed to terminate the pending Motion, (Dkt. No. 50), mail a copy of this Opinion & Order to Plaintiff, and close this case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 8/4/2020) (jca) Transmission to Docket Assistant Clerk for processing.
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Filing
42
OPINION AND ORDER: For the reasons stated above, Defendants' Motion To Dismiss is granted. Because this is the first adjudication of Plaintiffs claims, dismissal is without prejudice. If Plaintiff wishes to file an amended complaint, Plaintif f must do so within 30 days of the date of this Opinion. Plaintiff should include within that amended complaint all changes to correct the deficiencies identified in this Opinion that Plaintiff wishes the Court to consider. Plaintiff is advised th at the amended complaint will replace, not supplement, the instant Complaint. The amended complaint must contain all of the claims, factual allegations, and exhibits that Plaintiff wishes the Court 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 Motion, (Dkt. No. 29), and mail a copy of this Opinion to Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/24/2019) (jca) Transmission to Docket Assistant Clerk for processing.
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