Jones v. Annucci et al
| Jermal Jones |
| Anthony Annucci, Cheryl Morris, Thomas Griffin and Jaifa Collado |
| 1:2016cv03516 |
| May 11, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Dutchess |
| Loretta A. Preska |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
44
OPINION AND ORDER re: 29 MOTION to Dismiss the Amended Complaint, filed by Thomas Griffin, Cheryl Morris, Jaifa Collado, Anthony Annucci. For the foregoing reasons, Defendants' Motion to Dismiss is granted. However, because th is is the first adjudication of Plaintiffs claims on the merits, the dismissal is without prejudice. See Terry v. Inc. Vill. Of Patchogue, 826 F.3d 631, 633 (2d Cir. 2016) (explaining that "district judges should, as a general matter, liberal ly permit pro se litigants to amend their pleadings" unless "amendment would be futile"). Should Plaintiff choose to file an amended complaint, he must do so within 30 days of this Opinion, addressing the deficiencies identified herei n. The new amended complaint will replace, not supplement, the complaint currently before the Court. It therefore must contain all of the claims and factual allegations Plaintiff wishes the Court to consider. The Court will not consider factual all egations raised in supplemental declarations, affidavits, or letters. If Plaintiff fails to abide by the 30-day deadline, this Action could be dismissed with prejudice. The Clerk of the Court is respectfully requested to terminate the pending motion, (Dkt. No. 29), and to mail a copy of this Opinion to Plaintiff. (Signed by Judge Kenneth M. Karas on 2/13/2018) (ras)
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