Salamone v. United States of America et al

Filing 46

CLERK'S JUDGMENT re: 45 Memorandum & Opinion in favor of United States of America, Anthony Duboise, Dominick Vitale, John Doe # 1 - 12, Lionel Benjamin, Thomas Robertson against Frank D. Salamone. It is hereby ORDERED, ADJUDGED AND DEC REED: That for the reasons stated in the Court's Memorandum Opinion and Order dated August 1, 2022, the Court has considered all of the arguments of the parties. To the extent not specifically addressed, the arguments are either moot or witho ut merit. For the foregoing reasons, the defendants' motion to dismiss the FTCA claims is granted. Those claims are dismissed without prejudice for lack of subject matter jurisdiction. The defendants' motion to dismiss the Bivens claim with prejudice is granted. The defendants' motion for summary judgement is denied without prejudice as moot; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 8/2/2022) (Attachments: # 1 Right to Appeal) (km)

Case 1:21-cv-04528-JGK Document 46 Filed 08/02/22 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------------------------------X
FRANK D. SALAMONE,
-against-

Plaintiff,

21 CIVIL 4528 (JGK)

JUDGMENT

UNITES STATES OF AMERICA, ET AL.,

Defendants.
-----------------------------------------------------------X
It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons
stated in the Court's Memorandum Opinion and Order dated August 1, 2022, the Court has
considered all of the arguments of the parties. To the extent not specifically addressed, the
arguments are either moot or without merit. For the foregoing reasons, the defendants' motion to
dismiss the FTCA claims is granted. Those claims are dismissed without prejudice for lack of
subject matter jurisdiction. The defendants' motion to dismiss the Bivens claim with prejudice is
granted. The defendants' motion for summary judgement is denied without prejudice as moot;
accordingly, the case is closed.
Dated: New York, New York
August 2, 2022

BY:

RUBY J. KRAJICK
_________________________
Clerk of Court
_________________________
Deputy Clerk