Reeves v. City of Yonkers et al
| Ivy L. Reeves |
| City of Yonkers, Michael Sabatino, Christopher A. Johnson, Symra Brandon and Dennis Robertson |
| 1:2017cv05341 |
| July 13, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Unassigned |
| Other Civil Rights |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
43
OPINION AND ORDER: For the foregoing reasons, Defendant's Motion To Dismiss is granted. The Third Amended Complaint is dismissed in its entirety, with prejudice, as amendment would be futile. See McGriffv. Keyser, No. 17-CV-8619, 2019 WL 14171 26, at *6 (S.D.N.Y. Mar. 29, 2019) (dismissing with prejudice claim where the issue was precluded by collateral estoppel); Wendt v. BondFactor Co. LLC, Nos. 16-CV-7751, 16-CV-8091, 2017 WL 3309733, at *7 (S.D.N.Y. Aug. 2, 2017) ( dismissing with p rejudice claim precluded by res judicata); see also Lastra v. Barnes & Noble Bookstore, No. 11-CV-2173, 2012 WL 12876, at *9 (S.D.N.Y. Jan. 3, 2012) (stating that even pro se plaintiffs are not entitled to file an amended complaint if the complain t "contains substantive problems such that an amended pleading would be futile"), aff'd, 523 F. App'x 32 (2d Cir. 2013). The Clerk of the Court is respectfully directed to terminate the pending Motion, (Dkt. No. 36), to mail a copy of this Order to Plaintiff, and to close this case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/25/2019) (jca) Transmission to Docket Assistant Clerk for processing.
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