Hanniford v. The County of Dutchess et al
| Dean Hanniford |
| The County of Dutchess and Eric D. Harris |
| 7:2017cv04166 |
| June 4, 2017 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Nelson Stephen Roman |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
38
OPINION AND ORDER: re: 33 FIRST MOTION to Amend/Correct 32 Memorandum of Law in Support of Motion, 31 Affidavit in Support of Motion, 30 MOTION to Dismiss Pursuant to F.R.Civ.P. Rule 12(b)(6). NOTICE OF CROSS-MOTION. filed by Dean Hanniford, 30 MOTION to Dismiss Pursuant to F.R.Civ.P. Rule 12(b)(6). filed by The County of Dutchess. For the foregoing reasons, the motion to dismiss is GRANTED. Additionally, the plaintiffs pending motion to amend his complaint is DENIED, as the proposed amended complaint would not affect this Courts analysis of the motion to dismiss. The Clerk of Court is directed to terminate the pending motions at ECF Nos. 30 and 33 and to terminate defendant County of Dutc hess. Finally, the Court notes that, while defendant Harris has not moved under Rule 12(b), it sees no reason as to why the Complaint should not be dismissed as to Harris. The Court sua sponte solicits from Harris a letter as to whether he would like to move under Rule 12(c). If so, he should notify the Court within seven days of this Opinions issuance. Plaintiff then has seven days to respond with any additional material. (Signed by Judge Katherine B. Forrest on 11/14/2017) (js)
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