Corbett v. Annucci et al
| Daniel Corbett |
| Anthony Annucci, Cheryl Morris and Thomas Griffin, III |
| 7:2016cv04492 |
| June 14, 2016 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Dutchess |
| Nelson Stephen Roman |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
40
OPINION & ORDER re: 39 LETTER MOTION for Extension of Time to File a Proposed Case Management Plan and Discovery Schedule addressed to Judge Nelson Stephen Roman from Brendan M. Horan dated December 17, 2018. LETTER MOTION to Sta y Discovery addressed to Judge Nelson Stephen Roman from Brendan M. Horan dated December 17, 2018 filed by Thomas Griffin, III, Cheryl Morris, Anthony Annucci, 37 LETTER MOTION for Conference in anticipation of the State Defe ndants' Motion to Dismiss addressed to Judge Nelson Stephen Roman from Brendan M. Horan dated November 16, 2018 filed by Thomas Griffin, III, Cheryl Morris, Anthony Annucci. For the foregoing reasons, Plaintiffs state law claims are d eemed dismissed without prejudice. Defendants' November 16, 2018 letter motion (ECF No. 37) seeking a pre-motion conference and December 17, 2018 letter motion (ECF No. 39) seeking an extension of time are both denied as moot. The Clerk of the C ourt is respectfully directed to terminate motions (ECF Nos. 37 and 39), to terminate the action, to serve a copy of this Order upon Plaintiff at his last known address, and to show proof of service on the docket. (Signed by Judge Nelson Stephen Roman on 9/30/2019) (rro) Transmission to Docket Assistant Clerk for processing.
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Filing
33
OPINION & ORDER re: 27 MOTION to Dismiss the First Amended Complaint [Dkt. No. 19] filed by Thomas Griffin, III, Cheryl Morris, Anthony Annucci. For the foregoing reasons, Defendants' motion to dismiss is GRANTED in part a nd DENIED in part. Plaintiff's Fourteenth Amendment equal protection claim is dismissed in its entirety without prejudice. Plaintiffs First Amendment claims against all Defendants in their official capacities are similarly dismissed without p rejudice, as are his First Amendment claims against Defendant Morris and Defendant Griffin in their individual capacities. Finally, Plaintiff's claims for monetary damages against all Defendants in their official capacities are dismissed with prejudice. Plaintiff shall have until March 15, 2018 to amend his complaint in accordance with this Court's decision. If Plaintiff elects to file a second amended complaint, Defendant shall have until 30 days from the date of Plaintiffs filing to move or file responsive pleadings. The Clerk of the Court is respectfully directed to terminate the motion at ECF No. 27. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 2/13/2018) (anc)
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