Lynch v. Bharara et al

Filing 79

CLERK'S JUDGMENT re: 7 Order 60 Days Amended Complaint, 76 Order on Motion for Summary Judgment, 47 Memorandum & Opinion, in favor of Executive Office for United States Attorneys, United States Marshals Service(USM) against John Smith . It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated August 21, 2019, Memorandum Order dated March 29, 2021 and Order dated February 9, 2022, the Court dismisses Plaintiff's claims against Preet Bharara, Nola Heller, and Robert Johnson pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), (ii), (iii). The Court dismisses Plaintiff's claims against Anthony Ricco for failure to state a claim on which relief can be granted. 28 U.S.C . § 1915(e)(2)(B)(ii). The Court dismisses Plaintiff's claims against the SDNY as barred under the doctrine of sovereign immunity. 28 U.S.C. § 1915(e)(2)(B)(ii), (iii). The Court dismisses Plaintiff's claims against the State of N ew York as barred by the Eleventh Amendment. 28 U.S.C. § 1915(e)(2)(B)(ii), (iii). The Court dismisses Plaintiff's claims against J. Guccione, D. Schriro, E. Bailey, R. Cripps, and the G.E.O Detention Facility for failure to state a claim o n which relief can be granted. 28 U.S.C. § 1915(e)(2)(B)(ii). The USMS's motion for summary judgment is granted, and the EOUSA's renewed motion for summary judgment is granted; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 2/10/2022) (Attachments: # 1 Notice of Right to Appeal) (dt) . Copies mailed by Chambers.

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Case 1:19-cv-03572-LTS Document 79 Filed 02/10/22 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------X JOHN SMITH, Plaintiff, -against- 19 CIVIL 3572 (LTS) JUDGMENT EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, Defendant. -----------------------------------------------------------X It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated August 21, 2019, Memorandum Order dated March 29, 2021 and Order dated February 9, 2022, the Court dismisses Plaintiff's claims against Preet Bharara, Nola Heller, and Robert Johnson pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), (ii), (iii). The Court dismisses Plaintiff's claims against Anthony Ricco for failure to state a claim on which relief can be granted. 28 U.S.C. § 1915(e)(2)(B)(ii). The Court dismisses Plaintiff's claims against the SDNY as barred under the doctrine of sovereign immunity. 28 U.S.C. § 1915(e)(2)(B)(ii), (iii). The Court dismisses Plaintiff's claims against the State of New York as barred by the Eleventh Amendment. 28 U.S.C. § 1915(e)(2)(B)(ii), (iii). The Court dismisses Plaintiff's claims against J. Guccione, D. Schriro, E. Bailey, R. Cripps, and the G.E.O Detention Facility for failure to state a claim on which relief can be granted. 28 U.S.C. § 1915(e)(2)(B)(ii). The USMS’s motion for summary judgment is granted, and the EOUSA’s renewed motion for summary judgment is granted; accordingly, this case is closed. Case 1:19-cv-03572-LTS Document 79 Filed 02/10/22 Page 2 of 2 Dated: New York, New York February 10, 2022 RUBY J. KRAJICK _________________________ Clerk of Court BY: _________________________ Deputy Clerk

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