Penades v. The Republic of Ecuador

Penades v. The Republic of Ecuador

Plaintiff:	Daniel Penades
Defendant:	The Republic of Ecuador
Case Number:	1:2018cv04493
Filed:	May 21, 2018
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	Unassigned
Nature of Suit:	Other Civil Rights
Cause of Action:	28 U.S.C. § 1331
Jury Demanded By:	None

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Date Filed	Document Text
August 8, 2019	Filing 35 ORDER granting 23 Motion to Dismiss. For the reasons stated above, Defendant's motion to dismiss is GRANTED. Because even "a liberal reading of the complaint" does not give "any indication that a valid claim might be stated,&q uot; the Court denies Plaintiff leave to amend the complaint for a second time. Cuoco, 222 F.3d at 112. "The problem with [the complaint's] causes of action is substantive; better pleading will not cure it." Id.; see also Rafter v. Lid dle, 704 F. Supp. 2d 370, 378 (S.D.N.Y. 2010) (holding pro se plaintiff's claims barred by res judicata and denying plaintiff leave to amend, where she had "already litigated the essence of her complaint against [d]efendants in two separate actions"). The Clerk of Court is directed to mail a copy of this order to Plaintiff pro se, terminate the motion at ECF No. 23, and close the case. SO ORDERED. (Signed by Judge Analisa Torres on 8/8/2019) (kv) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.

Date Filed

Document Text

August 8, 2019

Filing 35 ORDER granting 23 Motion to Dismiss. For the reasons stated above, Defendant's motion to dismiss is GRANTED. Because even "a liberal reading of the complaint" does not give "any indication that a valid claim might be stated,&q uot; the Court denies Plaintiff leave to amend the complaint for a second time. Cuoco, 222 F.3d at 112. "The problem with [the complaint's] causes of action is substantive; better pleading will not cure it." Id.; see also Rafter v. Lid dle, 704 F. Supp. 2d 370, 378 (S.D.N.Y. 2010) (holding pro se plaintiff's claims barred by res judicata and denying plaintiff leave to amend, where she had "already litigated the essence of her complaint against [d]efendants in two separate actions"). The Clerk of Court is directed to mail a copy of this order to Plaintiff pro se, terminate the motion at ECF No. 23, and close the case. SO ORDERED. (Signed by Judge Analisa Torres on 8/8/2019) (kv) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.

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Plaintiff: Daniel Penades
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Defendant: The Republic of Ecuador
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