Gayle v. Larko et al
| Itoffee R. Gayle |
| Valerie Larko, Frank M. Grazladei and Lyons Wier Gallery |
| 1:2018cv03773 |
| April 27, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| Unassigned |
| Trademark |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
39
OPINION AND ORDER re: 30 MOTION to Dismiss Plaintiff's Amended Complaint Pursuant to Rule 12(b)(6). filed by Valerie Larko, 29 MOTION to Dismiss notice of motion. filed by Lyons Wier Gallery. In sum, Defenda nts' motions to dismiss are GRANTED. Docs. 2930. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order should be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Moreover, the Court declines sua sponte to grant Gayle leave to amend his complaint. Although leave to amend a complaint should be freely given "when justice so requires," Fed. R. Civ. P. 15(a)(2), "it is within the so und discretion of the district court to grant or deny leave to amend." McCarthy v. Dun & Bradstreet Corp., 482 F.3d 184, 200 (2d Cir. 2007). Here, leave is unwarranted because the problem with Gayle's claims is "substantive" and , thus, "better pleading will not cure it." Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000). Finally, Gayle has already been given permission to amend his complaint once, and he has not requested permission to file another amended co mplaint or given any indication that he is in possession of facts that would cure the problems identified in the instant motions to dismiss. Reynolds v. City of Mount Vernon, No. 14-CV-1481(JMF),2015 U.S. Dist. LEXIS 43061, 2015 WL 1514894, at * 5 (S.D.N.Y. Apr. 1, 2015). The Clerk of the Court is respectfully directed to send a copy of this order to the Plaintiff, addressed to Itoffee R. Gayle 2010 Powell Ave. Apt. 2F Bronx, NY 10472. The Clerk is further directed to terminate the motions, Docs. 29-30, and close the case. SO ORDERED. (Signed by Judge Edgardo Ramos on 9/17/2019) (ks) Transmission to Orders and Judgments Clerk for processing.
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