Jacks v. Annucci et al
| Stephen Jacks |
| Anthony J. Annucci, New York State Department of Corrections and Community Supervision ("NYSDOCCS"), Carl J. Koenigsmann, MD, Susanna Nayshular, Robert V. Bentivegna and Kyoung Kim , M.D. |
| 7:2018cv03291 |
| April 16, 2018 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Dutchess |
| Kenneth M. Karas |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
23
OPINION AND ORDER: re: 19 MOTION to Dismiss Complaint. filed by Carl J. Koenigsmann, MD, Anthony J. Annucci, Robert V. Bentivegna, Susanna Nayshular. For the foregoing reasons, Defendants' Motion To Dismiss is granted. The Com plaint is dismissed without prejudice. Plaintiff shall file an amended complaint within 30 days of the date of this Opinion. Plaintiff should include within that amended complaint all changes to correct the deficiencies identified in this Opinion t hat Plaintiff wishes the Court to consider. Plaintiff should also consider addressing the alleged deficiencies in his Complaint raised by Defendants but not considered by the Court. See supra note 1. Plaintiff is further advised that the amended c omplaint will replace, not supplement, the instant Complaint. The amended complaint must contain all of the claims, defendants, and factual allegations that Plaintiffs wish the Court to consider. If Plaintiff fails to abide by the 30-day deadline , dismissal may be with prejudice. The Clerk of the Court is respectfully requested to terminate the pending Motion, (Dkt. No. 19), and to mail a copy of this Opinion to Plaintiff. So Ordereed (Signed by Judge Kenneth M. Karas on 7/17/2019) (js) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.
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