Lefebvre v. Morgan et al
| Gene A. Lefebvre |
| Jonathan P. Morgan, Robert E. Levin, Robert K. Palmer, James Barron, Karim Adeen-Hasan and Daniel J. Cunningham |
| 7:2014cv05322 |
| July 15, 2014 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Dutchess |
| Kenneth M. Karas |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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Filing
44
OPINION & ORDER re: 36 MOTION to Dismiss Plaintiff's Second Amended Complaint (Dkt # 25), filed by Daniel J. Cunningham, Karim Adeen-Hasan, Robert K. Palmer, Jonathan P. Morgan, James Barron, Robert E. Levin. The Court grants D efendants' Motion. Because Plaintiff has already amended his Complaint twice-including once in response to a decision on the merits of his claims-but has still failed to state a claim, the Second 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 go-around"); Melvin v. County 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 proven fruitless" (alteration and internal quotation marks omitted)). The Clerk of Court is respectfully requested to terminate the pending Motion, (Dkt. No. 36), and close this case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 2/10/17) (yv)
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Filing
24
OPINION AND ORDER: the Court grants Defendants' Motion To Dismiss the Amended Complaint in its entirety. In light of Plaintiff's pro se status, and because this is the first adjudication of Plaintiff's claims on the merits, the Amende d Complaint is dismissed without prejudice. Plaintiff is given 30 days to file a Second 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. 20.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/31/2016) (lnl)
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