Aikens v. Royce
Anthony Aikens |
Royce |
1:2014cv00663 |
January 27, 2014 |
US District Court for the Southern District of New York |
White Plains Office |
Wyoming |
Kenneth M. Karas |
Civil Rights |
42 U.S.C. ยง 1983 |
Plaintiff |
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Filing 74 OPINION & ORDER re: 54 MOTION to Dismiss Third Amended Complaint, filed by Royce. The Court grants Defendant's Motion. Because Plaintiff has already amended his complaint twice-including once in response to this Court's de cision on the merits of his claims-but has still failed to state a claim, the Third Amended Complaint is dismissed with prejudice. See Denny v. Barber, 576 F.2d 465, 471 (2d Cir. 1978) (holding that the plaintiff was not entitled to "a third g o-around"); Melvin v. Cty. of Westchester, No. 14-CV-2995, 2016 WL 1254394, at *24 n.19 (S.D.N.Y. Mar. 29, 2016) (granting motion to dismiss with prejudice where "[the] [p]laintiff has already had two bites at the apple, and they have pr oven fruitless" (alteration and internal quotation marks omitted)). The Clerk of Court is respectfully requested to terminate the pending Motion, (Dkt. No. 54), and close this case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/30/16) (yv) |
Filing 43 OPINION AND ORDER re: 32 MOTION to Dismiss filed by Royce. In light of the foregoing analysis, the Court grants Defendant's Motion to Dismiss Plaintiff's Second Amended Complaint. The Clerk of Court is respectfully requested to terminate the pending Motion. (Dkt. No. 32.) Plaintiff may file a Third Amended Complaint within 30 days of the date of this Order. So Ordered. (Signed by Judge Kenneth M. Karas on 12/1/15) (yv) |
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Plaintiff: Anthony Aikens | |
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