Holmes v. Capra et al
| Devaughn Holmes |
| Michael Capra, M. Royce, Dana Gage and John and Jane 1-30 Does |
| 7:2017cv01313 |
| February 21, 2017 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Nelson Stephen Roman |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
30
OPINION & ORDER re: 28 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6). filed by Michael Capra, Dana Gage, M. Royce. For the foregoing reasons, Defendants' motion to dismiss the claims against Gage, Capra, and Royce is GRANTED. Plaintiff shall have until July 24, 2018 to amend his Complaint in accordance with this Court's decision. If Plaintiff elects to file an amended complaint, Defendant shall have until 21 days from the date of Plaintiff's filing t o move or file responsive pleadings. The Court cautions Plaintiff, however, that any amended complaint will replace, not supplement, the current Complaint. That is, Plaintiff must include all claims he wishes to assert in his amended complaint. The Court further cautions Plaintiff that given his previous failure to correspond with the Court or oppose Defendants' motion, a failure to amend his Complaint by the aforementioned date will result in the dismissal of this action pursuant to F ederal Rule of Civil Procedure 41(b), for failure to prosecute and failure to comply with a court order. The Clerk of the Court is respectfully directed to terminate the motion at ECF No. 28. Further, although Plaintiff has not updated his address with the Court, a review of the New York State Department of Corrections and Community Supervision online database revealed that Plaintiff is currently incarcerated at Green Haven Correctional Facility. Accordingly, the Clerk of the Court is dire cted to mail a copy of this Opinion to Plaintiff at Devaughn Holmes, DIN 05B2079, Green Haven Correctional Facility, 594 Rt. 216, Stormville, New York 12582-0010 and file proof of such mailing on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 6/25/2018) (rj)
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Filing
26
OPINION AND ORDER re: 23 MOTION TO BE RELIEVED AS COUNSEL. filed by Devaughn Holmes. Counsel's motion to be relieved from further representing Plaintiff Devaughn Holmes is granted without opposition and for good cause shown. Plaintiff i s directed to notify the Court, within thirty days of this Order, whether he has retained substitute counsel or whether he intends to proceed pro se. Further, outgoing counsel, Sokoloff Stem, LLP, is directed to serve a copy of this Order upon Pla intiff via regular and certified mail forthwith, and to file proof of service with the court. The Clerk of the Court is respectfully requested to terminate the motion at Doc. No. 23. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 11/29/2017) (rj)
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