Lee v. Corneil et al
Filing 167
OPINION & ORDER re: 128 MOTION to Dismiss Second Amended Complaint. filed by Buza. For the reasons described above, Buza's motion for dismissal of all federal and state claims as to him is GRANTED. ECF No. 128. Dismissal of t he claims based on a suggestive lineup and Brady violation is with prejudice, as Lee's repleading of those claims would be futile in light of the lack of trial or plea associated with the charge at issue. Considering that Lee has twice am ended his complaint, the Court reserves judgment as to whether dismissal of his other claims is without prejudice, and will hear the parties on that issue at a telephone conference, scheduled for April 7, 2016, at 2:00 p.m. Defendants should initia te the call to the plaintiff, and once all relevant parties are on the line, should contact the Court at (212) 805-0141 on the date and time specified above. (As further set forth in this Order.) (Signed by Judge Andrew L. Carter, Jr on 3/31/2016) (kgo)
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