Cowan v. The City of Mt. Vernon et al
| Vanessa Cowan |
| The City of Mt. Vernon, City of Mt. Vernon Police Department, Martin Bailey and Nichele Johnson |
| 7:2014cv08871 |
| November 7, 2014 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Kenneth M. Karas |
| Employment |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
48
OPINION & ORDER re: 41 MOTION to Dismiss , filed by City of Mt. Vernon Police Department, Nichelle Johnson, The City of Mt. Vernon, Martin Bailey. The Court grants Defendants' Motion To Dismiss in its entirety. As Plaintiff h as already had two opportunities to amend her pleadings, the Court dismisses her claims with prejudice. See Anthony v. Brockway, No. 15-CV-451, 2015 WL 5773402, at *3(N.D.N.Y. Sept. 30, 2015) (" [The] [p]laintiff has already been given one opp ortunity to amend [her] complaint..., and there is nothing in his second amended complaint suggesting that [she] could do better given another opportunity."); Al-Qadaffi v. Servs. for the Underserved (SUS), No.13-CV-8193, 2015 WL 585801, at *8 (S.D.N.Y. Jan. 30, 2015) (denying leave to amend where " [the plaintiff] has already had one chance to amend his [c]omplaint, and there is still no indication that a valid claim might be stated if given a second chance"), aff'd, 63 2 F. App'x 31 (2d Cir. 2016); Bui v. Indus. Enters. of Am., Inc., 594 F. Supp. 2d 364, 373 (S.D.N.Y. 2009) (dismissing an amended complaint with prejudice where the plaintiff failed to cure the deficiencies identified in his initial complaint despite "being given ample opportunity to do so"). The Clerk of Court is respectfully directed to terminate the pending Motion, (Dkt. No. 41 ), and close this case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/28/17) (yv)
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