Carnell v. Myers Sr. et al
| Robert Carnell |
| Gene G. Myers, Sr., Thomas Fortune, Howard A. Zucker, M.D. and Lee Burns |
| 7:2017cv07693 |
| October 6, 2017 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Kenneth M. Karas |
| Other Civil Rights |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
36
OPINION AND ORDER: For the reasons stated above, Defendants' Motion To Dismiss is granted. Plaintiffs procedural due process claim, as well Plaintiffs claims seeking damages against Defendants in their official capacities, are dismissed with pr ejudice. Plaintiffs substantive due process, equal protection, and§ 1981 claims are dismissed without prejudice. If Plaintiff wishes to file an amended complaint, Plaintiff must do so within 30 days of the date of this Opinion. Plaintiff should include within that amended complaint any changes to correct the deficiencies identified in this Opinion that Plaintiff wishes the Court to consider. Plaintiff is advised that the amended complaint will replace, not supplement, the instant Complaint. The amended complaint must contain all of the claims and factual allegations that Plaintiff wishes the Court to consider. If Plaintiff fails to abide by the 30-day deadline, his claims may be dismissed with prejudice. The Clerk is respectfully directed to terminate the pending Motion. (See Dkt. No. 21.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/13/2019) (jca) Transmission to Orders and Judgments Clerk for processing.
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