Gantt v. City of Newburgh Police Department et al
| Larry Gantt, Jr. |
| Michael Ferrara, Eric Henderson, Mike Pitt, Kevin Lahar, Joseph Cerone, Weaver and City of Newburgh |
| 1:2015cv07661 |
| September 29, 2015 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Franklin |
| Kenneth M. Karas |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
93
OPINION & ORDER re: 75 MOTION to Dismiss filed by Michael Ferrara, Eric Henderson. For the foregoing reasons, the Court grants Defendants' Motion To Dismiss the claims against Defendant Ferrara. With the exception of the excess ive force claim against Defendant Henderson, the Court grants Defendants' Motion To Dismiss the other federal claims against Henderson. Because Plaintiff has already been given an opportunity to amend his Complaint, (see Dkt. No. 70), the dismis sed claims are 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. Cty. of Westchester, No. 14-CV-2995, 2016 WL 1254394, at *24 n.1 9 (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 Cou rt is directed to mail a copy of this Order to Plaintiff and terminate the pending motion. (0kt. No. 70.) The Court will hold a status conference on November 6, 2018 at 3:00 p.m. The Parties should be prepared to discuss a case management plan at the conference. SO ORDERED. Michael Ferrara (Police Chief City of Newburgh) terminated., ( Status Conference set for 11/6/2018 at 03:00 PM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 9/27/2018) (mml) Transmission to Docket Assistant Clerk for processing.
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Filing
55
ORDER & OPINION re: 28 MOTION to Dismiss , filed by Joseph Cerone, Kevin Lahar, Weaver, Michael Ferrara, Eric Henderson, City of Newburgh, Mike Pitt. The Court grants Defendants' Motion To Dismiss Plaintiff's claims, with the exception of the claims against Defendant Ferrara and the excessive force claim against Defendant Henderson, as to which the Court denies the Motion To Dismiss. In light of Plaintiff's pro se status, and because this is the first adj udication of Plaintiff's claims on the merits, Plaintiff's claims are dismissed without prejudice. If Plaintiff wishes to file an Amended Complaint alleging additional facts and otherwise addressing the deficiencies identified above, Plai ntiff must do so within 30 days of the date of this Opinion & Order. The failure to do so may result in the dismissal of the claims with prejudice. If Plaintiff files no Amended Complaint, the Court will assume Plaintiff intends only to proceed wit h the claims against Defendant Ferrara and the excessive force claim against Henderson. Within 14 days of the date of this Opinion & Order, Defendants shall provide the Court with a service address for Defendant Ferrara. Upon receipt of the address, the Court will issue an Order of Service as to the operative complaint. The Clerk of Court is respectfully requested to terminate the pending Motion. (See Dkt. No. 28.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/29/17) (yv)
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