Laporte v. Keyser et al
| Hector Laporte |
| William Keyser, M. Goffe, W. Ramos, E. Mydosh, John Doe #5 and John Doe #6 |
| 7:2014cv08293 |
| October 14, 2014 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Kenneth M. Karas |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
88
OPINION & ORDER: re: 77 MOTION to Dismiss, filed by M. Goffe, William Keyser, W. Ramos, E. Mydosh. For the foregoing reasons, Defendants' Partial Motion To Dismiss is granted as to the medical indifference claims against all Defendants and all the claims against Keyser. Because Plaintiff has already been given an opportunity to amend his Complaint, (see Dkt. No. 60), the medical indifference claims and all the claims against Keyser are dismissed with prejudice. See D enny v. Barber, 576 F.2d 465,471 (2d Cir. 1978) (holding that the plaintiff was not entitled to "a third go-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 proven fruitless" (alterations and internal quotation marks omitted)). The Clerk of the Court is directed to mail a copy of this Order to Plaintiff and terminate the pending motion. (Dkt. No. 77.) The Court will hold a status conference on February 14, 2018 at 10:00 a.m. The Parties should be prepared to discuss a case management plan at the conference, and as further set forth i n this order. (Status Conference set for 2/14/2018 at 10:00 AM before Judge Kenneth M. Karas.) Motions terminated: 77 MOTION to Dismiss, filed by M. Goffe, William Keyser, W. Ramos, E. Mydosh. (Signed by Judge Kenneth M. Karas on 2/8/2018) (ap)
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