Clay v. Fischer et al
| Daniel Clay |
| Brian Fischer, William A. Lee and John or Jane Doe |
| 1:2013cv07662 |
| October 28, 2013 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Greene |
| Unassigned |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
159
OPINION & ORDER re: 117 MOTION to Dismiss the Third Amended Complaint. filed by C. Taliaferro, L. Bacino, William A. Lee, Sergeant Wahlquist, L. Franco, 151 MOTION to Dismiss corrected with Exhibit A. filed by Cousin , Surprenant. In light of the foregoing analysis, the Court grants Defendants' Motion. Plaintiffs Third Amended Complaint is dismissed with prejudice. The Clerk of Court is respectfully requested to terminate the pending Motions, (Dkt. No. 117, 151 ), to mail a copy of this Opinion & Order to Plaintiff, and to close this case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/19/2019) (kv) Transmission to Docket Assistant Clerk for processing.
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Filing
70
OPINION & ORDER re: 57 MOTION to Dismiss the Amended Complaint, filed by C. Taliaferro, L. Bacino, William A. Lee, L. Franco. The Court grants Defendants' Motion. The Court notes that Plaintiff has already amended his Complaint twice, and did so once in response to Judge Preska's decision on the merits of his claims. (See Order To Amend (Dkt. No. 18).) However, in light of the fact that Plaintiff is proceeding pro se, and because Judge Preska's Order did not dismi ss Plaintiff's Complaint on the same grounds detailed in this Opinion, the Second Amended Complaint is dismissed without prejudice. Plaintiff has 30 days from the date of this Opinion to file a Third Amended Complaint. Failure to honor this deadline could result in dismissal of this Action with prejudice. The Clerk of Court is respectfully requested to terminate the pending Motion. (Dkt. No. 57.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 1/27/17) (yv)
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