Allah v. Annucci et al
| Shakim Abd Allah |
| Anthony Annucci, Cheryl Morris, Thomas Griffin and Jaifa Collado |
| 1:2016cv01841 |
| March 11, 2016 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Dutchess |
| Kenneth M. Karas |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
54
OPINION & ORDER re: 47 MOTION to Dismiss the Amended Complaint filed by Thomas Griffin, Cheryl Morris, Anthony Annucci, Jaifa Collado. For the foregoing reasons, Defendants' Motion To Dismiss is granted as to all claims against Annucci and Morris, granted as to Griffin regarding Plaintiff's claims for denial of attendance at Ghadir Khum and Mubahila, granted as to Plaintiff's claims for declaratory and injunctive relief against all Defendants, and granted as to Plaintiff's state law claims against all Defendants. The Motion is denied as to Plaintiff's claims regarding failure to provide equal accommodations to Shi'ite Muslims against Superintendent Griffin. Thus, Plaintiff may proceed with th e claims regarding failure to provide equal accommodations against Defendants Griffin and Collado and denial of attendance at Ghadir Khum and Mubahila against Collado. Because Plaintiff has already been given an opportunity to amend his Complaint, (s ee Dkt. No. 44), the dismissed 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, 2 016 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 omi tted)). The Clerk of Court is respectfully requested to terminate the pending Motion, (see Dkt. No. 47), and mail a copy of this Opinion & Order to Plaintiff at the address listed on the docket. The Court will hold a status conference on October 1 7, 2018 at 10:00 a.m. The Parties should be prepared to discuss a case management plan at the conference. SO ORDERED. Anthony Annucci (Commissioner of DOCCS) and Cheryl Morris (Director of Family and Ministerial Services DOCCS) terminated. (Status Conference set for 10/17/2018 at 10:00 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 9/21/2018) (mml) Transmission to Docket Assistant Clerk for processing.
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Filing
41
OPINION & ORDER re: 23 MOTION to Dismiss the Complaint filed by Thomas Griffin, Cheryl Morris, Jaifa Collado, Anthony Annucci. For the foregoing reasons, Defendants' Motion To Dismiss is granted as to all claims against Commis sioner Annucci and Superintendent Griffin and denied as to Plaintiff's claims regarding his denial of attendance at Ghadir Khum and Mubahila as against Morris and Collado. In light of Plaintiff's pro se status, and because this is the first adjudication of Plaintiff's claims on the merits, those claims that are dismissed are dismissed without prejudice. If Plaintiff wishes to file an Amended Complaint alleging additional facts and otherwise addressing the deficiencies identified above, Plaintiff must do so within 30 days of the date of this Opinion & Order. The failure to do so may result in the dismissal of Plaintiff's claims with prejudice. If Plaintiff files no Amended Complaint, the Court will assume Plaintiff inte nds only to proceed with the claims regarding failure to provide equal accommodations to Shi'ite Muslims and state law claims against Defendants Morris and Collado. The Clerk of Court is respectfully requested to terminate the pending Motion, ( see Dkt. No. 23), and mail a copy of this Opinion & Order to Plaintiff at the address listed on the docket. SO ORDERED. Anthony Annucci (Commissioner of DOCCS) and Thomas Griffin (Superintendent at Green Haven Corr. Fac.) terminated. (Signed by Judge Kenneth M. Karas on 9/7/2017) (mml)
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