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15-3598 - Schiff v. Stevens et al


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15-3598 - Schiff v. Stevens et al
January 6, 2017
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ORDER granting 20 Motion to Dismiss for Failure to State a Claim. For the reasons set forth herein, the State Defendants' motion to dismiss (ECF No. 20) is granted in full, and plaintiff's claims are dismissed with leave to amend. Plaintiff must file an amended complaint within thirty (30) days of the date of this Memorandum and Order. The amended complaint must not include any claims that the Court has dismissed with prejudice--i.e., claims for false arrest, malicious prosecution, unlawful search and seizure, and excessive force in connection with the June 14, 2012 arrest; and New York state tort claims for assault, battery, and intentional infliction of emotional distress, which are time-barred. Plaintiff is warned that failure to file an amended complaint will result in the dismissal of this action with prejudice, and the case will be closed. SO ORDERED. Ordered by Judge Joseph F. Bianco on 1/6/2017. (Zbrozek, Alex)