White v. Westchester County et al
||September 23, 2020
||US District Court for the Southern District of New York
||White Plains Office
|Nature of Suit:
||Prisoner: Prison Condition
|Cause of Action:
||42:1983 Prisoner Civil Rights
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|September 23, 2020
OPINION AND ORDER re: 23 FIRST MOTION to Dismiss Plaintiff's Complaint. filed by Aramark Correctional Services LLC, Westchester County, Joseph K. Spano, Manual Mendoza. For the foregoing reasons, Defendants' Motion To Dis miss is granted. Because this is the first adjudication of Plaintiffs claims, the dismissal is without prejudice. Plaintiff may file an amended complaint within 30 days of the date of this Opinion & Order. The amended complaint should contain appro priate changes to remedy the deficiencies identified in this Opinion. Plaintiff is advised that the amended complaint will replace, not supplement, the instant Complaint, and therefore must contain all of the claims, factual allegations, and exhib its 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 of the Court is respectfully requested to terminate the pending Motion, (Dkt. No. 23), and to mail a copy of this Opinion & Order to Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/23/2020) (jca) Transmission to Docket Assistant Clerk for processing.
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