Jackson v. Jackson et al
Filing
19
OPINION & ORDER re: 14 MOTION to Dismiss the Complaint. filed by J. James, Angela Jackson, M. Walker., For the foregoing reasons, Defendants' Partial Motion to Dismiss is GRANTED. Plaintiff's Fourteenth Amendment due pro cess claim is dismissed, without prejudice, and Plaintiff is granted leave to replead the claim in conformity with this opinion. A blank Amended Complaint form is attached. Plaintiff is directed to file an Amended Complaint in conformance with the above on or before June 19, 2018. Failure to timely file an Amended Complaint will result in the dismissal of the Fourteenth Amendment due process claim stemming from the misbehavior report. The Defendants shall answer or seek a pre-motion confer ence on any potential motion to dismiss by July 19, 2018. The Clerk of the Court is respectfully requested to terminate the motion at Docket Number 14, mail a copy of this order to the Plaintiff at the address below, and file proof of service on the docket. SO ORDERED. Amended Pleadings due by 6/19/2018., Motions due by 7/19/2018. (Signed by Judge Nelson Stephen Roman on 4/20/2018) (rj)
USDCSDNY
DOCUMENT
ELECTRONICALLY FILED
DOC#:_._ _ _ _ __
DATE FILED: 4 /o-.l!J /Joi~
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ROBERT JACKSON
Plaintiff,
No. l 6-cv-8516 (NSR)
OPINION & ORDER
-againstC.O. ANGELA JACKSON, C.O. M. WALKER, C.O. J.
JAMES,
Defendants.
NELSONS. ROMAN, United States District Judge
Plaintiff Robert Jackson, proceeding prose, commenced this action on November I, 2016,
against Defendants Angela Jackson, J. James, and M. Walker, alleging at least two discernable
causes of actions under 42 U.S.C. § 1983: (1) Defendants assaulted Plaintiff in violation of his
Fomth Amendment rights; and (2) that Defendants filed a false misbehavior report to cover up
their misdeeds in violation of Plaintiffs Fourteenth Amendment rights. (Compl., ECF No. 2.)
Before the Court is Defendants' unopposed Partial Motion to Dismiss the Complaint pursuant to
Federal Rules of Civil Procedure 12(6)(6). For the following reasons, Defendants' Partial Motion
to Dismiss is GRANTED.
1
BACKGROUND
Plaintiff Robert Jackson (“Jackson”), proceeding pro se, is currently incarcerated at the
Sing Sing Correctional Facility (“Sing Sing”) located in Ossining New York. (Compl. at 2.) On
June 4, 2015, Plaintiff was in the Sign Sing “HBB” mess hall when he got into an argument with
Corrections Officer (“C.O.”) Angela Jackson. After the argument, Plaintiff was taken to the
bridge area of the mess hall where the Defendants, Correction Officers Jackson, J. James, and M.
Walker, proceeded to beat Plaintiff. (Compl. at 4.) Following the beating, Defendants allegedly
fabricated a misbehavior report in order to “justify their actions.” (Id.)
As a result of the beating, Plaintiff suffered a seizure, a hematoma to the scalp with an
abrasion to the same area, shoulder bruises and abrasions to the right shoulder, a bruise on the
right “mid clairicle [sic],” and abrasions to both knees. (Id. at 5.) These injuries caused Plaintiff
significant pain.
Plaintiff seeks damages in the amount of $1 million along with punitive damages in the
same amount. Plaintiff also requests that no money be taken from his account until the
completion of this suit, and that this Court acquire the color photographs of his injuries. (Id.)
On April 11, 2017, this Court waived the pre-motion conference requirement and set a
briefing schedule for the instant motion. (ECF No. 11.) Moving papers were to be served by
May 23, 2017, and Plaintiff’s Opposition was to be served by June 23, 2017. (Id.) On July 11,
2017, this Court deemed the Motion to Dismiss as fully submitted after Defendants’ Counsel
notified the Court that Plaintiff had not served any opposition papers upon Defendants, nor
requested an extension of time to serve his papers. (ECF No. 18.)
2
STANDARD ON A MOTION TO DISMISS
The relevant inquiry under Rule 12(b)(6) is whether the complaint “contain[s] sufficient
factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft
v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570
(2007)). “While legal conclusions can provide the framework of a complaint, they must be
supported by factual allegations.” Id. at 679. To survive a motion to dismiss, a complaint must
supply “factual allegations sufficient ‘to raise a right to relief above the speculative level.’” ATSI
Commc’ns, Inc. v. Shaar Fund, Ltd., 493 F.3d 87, 98 (2d Cir. 2007) (quoting Twombly, 550 U.S.
at 555). The Court must take all material factual allegations as true and draw reasonable
inferences in the non-moving party’s favor, but the Court is “‘not bound to accept as true a legal
conclusion couched as a factual allegation,’” or to credit “mere conclusory statements” or
“[t]hreadbare recitals of the elements of a cause of action.” Iqbal, 556 U.S. at 678 (quoting
Twombly, 550 U.S. at 555).
In determining whether a complaint states a plausible claim for relief, a district court
must consider the context and “draw on its judicial experience and common sense.” Iqbal, 556
U.S. at 679. A claim is facially plausible when the factual content pleaded allows a court “to
draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. at 678.
A pro se Plaintiff’s submissions must be held “to less stringent standards than formal
pleadings drafted by lawyers.” Hughes v. Rowe, 449 U.S. 5, 9 (1980) (quotations omitted); see
also Harris v. Mills, 572 F.3d 66, 72 (2d Cir. 2009) (stating that a court must “construe a pro se
complaint liberally”). Nevertheless, pro se plaintiffs are not excused from the normal rules of
pleading, and “[d]ismissal under Rule 12(b)(6) is proper if the complaint lacks an allegation
regarding an element necessary to obtain relief.” Geldzahler v. N.Y. Med. Coll., 663 F. Supp. 2d
3
379, 387 (S.D.N.Y. 2009) (quotations and citation omitted). In other words, the “‘duty to
liberally construe a plaintiff's complaint [is not] the equivalent of a duty to re-write it.’” Id.
(quotations omitted).
Where a Plaintiff fails to oppose a motion to dismiss a complaint for failure to state a
claim, automatic dismissal is not merited. In such a situation, “the sufficiency of a complaint is a
matter of law that the court is capable of determining based on its own reading of the pleading
and knowledge of the law.” McCall v. Pataki, 232 F.3d 321, 322–323 (2d Cir. 2000). As with all
Rule 12(b)(6) motions, on an unopposed motion to dismiss, a court is to “assume the truth of a
pleading’s factual allegations and test only its legal sufficiency.” Id. at 322. “If a complaint is
sufficient to state a claim on which relief can be granted on its face, the plaintiff’s failure to
respond to a Rule 12(b)(6) motion does not warrant dismissal.” Accurate Grading Quality
Assur., Inc. v. Thorpe, No. 12 Civ. 1343 (ALC), 2013 WL 1234836, at *5 (S.D.N.Y. Mar. 26,
2013).
DISCUSSION
Defendants move to dismiss Plaintiff’s due process claim because it does not state a
claim upon which relief can be granted. Defendants also move to dismiss Plaintiff’s claim for
monetary damages against Defendants in their official capacities. (See generally Mem. of Law in
Supp. of Def. Mot. to Dismiss he Compl. (“Def. Mot.”), ECF No. 15.)
The Misbehavior Report
Defendants construe Plaintiff’s complaint to allege, inter alia, that Defendants violated
his due process rights when, after they beat him, Defendants fabricated a misbehavior report in
order to justify their actions. (Def. Mot. 3.) Defendants’ assert that Plaintiff’s Fourteenth
4
Amendment 1 due process claim stemming from the creation of the allegedly false misbehavior
report fails to state a claim upon which relief can be granted. (Id. at 3–4.) The Court agrees and
dismisses Plaintiff’s due process claim, without prejudice, with leave to amend.
“The Fourteenth Amendment’s Due Process Clause protects persons against deprivations
of life, liberty, or property; and those who seek to invoke its procedural protection must establish
that one of these interests is at stake.” Wilkinson v. Austin, 545 U.S. 209, 221 (2005). To state a
procedural due process claim, Plaintiff must show “(1) that Defendants deprived him of a
cognizable interest in life, liberty, or property, (2) without affording him constitutionally
sufficient process.” Proctor v. LeClaire, 846 F.3d 597, 608 (2d Cir. 2017) (quotations omitted).
A prison inmate “has the right not to be deprived of a protected liberty interest without
due process of law.” Freeman v. Rideout, 808 F.2d 949, 951 (2d Cir. 1986). Generally, however,
a “prison inmate has no constitutionally guaranteed immunity from being falsely or wrongly
accused of conduct which may result in the deprivation of a protected liberty interest.” Willey v.
Kirkpatrick, 801 F.3d 51, 63 (2d Cir. 2015) (citing Freeman, 808 F.2d 949 at 951). Therefore,
because “[t]he issuance of false misbehavior reports . . . by corrections officers is insufficient on
its own to establish a denial of due process,” Mitchell v. Senkowski, 158 F. App’x. 346, 349 (2d
Cir. 2005) (citation omitted), a false misbehavior report violates due process only where
1
Defendants construed Plaintiff’s claim as one arising under the due process clause of the Fifth
Amendment to the United States Constitution. This claim, however, arises under the Fourteenth
Amendment because it involves a state prisoner alleging federal constitutional violations against
correction officers in their official capacities. See U.S. Const. amend. XIV, § 1 (“nor shall any
State deprive any person of life, liberty, or property, without due process of law”); Dusenbery v.
United States, 534 U.S. 161, 167 (2002) (“The Due Process Clause of the Fifth Amendment
prohibits the United States, as the Due Process Clause of the Fourteenth Amendment prohibits
the States, from depriving any person of a [cognizable interest] without ‘due process of law.’”)
5
Plaintiff can show that “he was disciplined without adequate due process as a result of the
report” or “that the report was issued in retaliation for exercising a constitutionally protected
right.” Willey, 801 F.3d at 63 (quotations and citations omitted); Mitchell, 158 F. App’x at 349.
Plaintiff’s due process claim stemming from the allegedly false misbehavior report fails
to state a claim upon which relief can be granted because he does not allege that Defendants
deprived him of a cognizable interest in life, liberty, or property, without affording him a
constitutionally sufficient process. Plaintiff’s Complaint is devoid of any factual allegation
concerning an implicated cognizable interest in life, liberty, or property. Smart v. Goord, 441 F.
Supp. 2d 631, 640 (S.D.N.Y. 2006) (“Because [Defendant] does not allege that []he was
deprived of a protected liberty interest as a result of h[is] Tier II hearing and subsequent appeal,
the related due process claims against Defendants . . . must be dismissed”). 2
Plaintiff’s claim also fails because the factual allegations do not support the contention
that Plaintiff was disciplined without adequate due process as a result of the allegedly false
report, or that the report was issued in retaliation for exercising a constitutionally protected right.
Willey, 801 F.3d at 63; see Boddie v. Schnieder, 105 F.3d 857, 862 (2d Cir. 1997) (holding that
Plaintiff’s due process claim stemming from a misbehavior report failed to state a claim because
Plaintiff did “not allege any facts suggesting that the hearing . . . following the misbehavior
reports was unfair”). The Complaint simply states that the Defendants wrote the misbehavior
2
Plaintiff’s complaint does not allege that he was deprived of a liberty interest. Defendants’
Motion, however, alludes to a potentially implicated liberty interest resulting from their belief
that Plaintiff “received 90 days in keeplock as a result of the hearings on the misbehavior
reports.” (Def. Mot. 4.) Although this type of confinement may implicate a liberty interest, see
Bunting v. Nagy, 452 F. Supp. 2d 447, 455–457 (S.D.N.Y. 2006), the Court remains confined to
the scant factual allegations within the four corners of the complaint.
6
report in order to justify their actions during the alleged beating. Without more, Plaintiff fails to
state a claim upon which relief can be granted.
Nevertheless, Plaintiff is granted leave to replead his Fourteenth Amendment due process
violation. See Barnes v. United States, 204 F. App’x. 918, 919 (2d Cir. 2006) (summ. order)
(recognizing that a pro se complaint “should not be dismissed without granting leave to replead
at least once when [a liberal] reading gives any indication that a valid claim might be stated”
(quotations omitted)); Knapp v. Maron, No. 14–cv–02081 (NSR), 2015 WL 2452409, at *5
(S.D.N.Y. May 22, 2015) (granting pro se Plaintiff leave to replead ). The Court cautions
Plaintiff that if he chooses to replead this claim, he must provide factual support for this cause of
action rather than conclusory allegations. Further, the Amended Complaint will replace, not
supplement, the current Complaint. Plaintiff must, therefore, re-assert each and every claim he
wishes to bring against Defendants in the Amended Complaint.
Monetary Damages against Defendants in their Official Capacities
Defendants also move to dismiss Plaintiff’s 42 U.S.C. § 1983 claims for monetary
damages against Defendants in their official capacity. “[T]he Second Circuit has held that ‘[t]o
the extent that a state official is sued for damages in [his] official capacity, such a suit is deemed
to be a suit against the state, and the official is entitled to invoke the Eleventh Amendment
immunity belonging to the state.’” Davis v. Westchester Cty. Family Court, No, 16-CV-9487
(KMK), 2017 WL 4311039, at *6 (S.D.N.Y. Sept. 26, 2017) (quoting Gan v. City of New York,
996 F.2d 522, 529 (2d Cir. 1993)). The Eleventh Amendment generally “forbids suits against
states for monetary damages.” Kirkendall v. Univ. of Connecticut Health Ctr., 205 F.3d 1323 (2d
7
Cir. 2000). Thus, Plaintiffs claims for monetary damages against Defendants in their official
capacities are dismissed with prejudice. 3
CONCLUSION
For the foregoing reasons, Defendants' Partial Motion to Dismiss is GRANTED.
Plaintiffs Fourteenth Amendment due process claim is dismissed, without prejudice, and
Plaintiff is granted leave to replead the claim in conformity with this opinion. A blank Amended
Complaint form is attached.
Plaintiff is directed to file an Amended Complaint in conformance with the above on or
before June 19, 2018. Failure to timely file an Amended Complaint will result in the dismissal of
the Fourteenth Amendment due process claim stemming from the misbehavior report. The
Defendants shall answer or seek a pre-motion conference on any potential motion to dismiss by
July 19, 2018.
The Clerk of the Court is respectfully requested to terminate the motion at Docket
Number 14, mail a copy of this order to the Plaintiff at the address below, and file proof of
service on the docket.
Dated:
April 20, 2018
White Plains, New York
s ~
NEL~ROM/\N
United States District Judge
3There
are three "main exceptions" to the doctrine of sovereign immunity: (I) "sovereign
immunity may be voluntarily waived by the state"; (2) "Congress may abrogate states' Eleventh
Amendment immunity"; and (3) the exception set fmth in Ex Paite Young, 209 U.S. 123 (1908),
"which held that the Eleventh Amendment does not bar suits seeking prospective injunctive
relief against state officials acting in violation of federal law because that conduct is not
considered state action." Bany v. City University of New York, 700 F. Supp. 2d 447, 452
(S.D.N.Y. 2010). Taking all material factual allegations from the Complaint as true and drawing
reasonable inferences in the Plaintiffs favor, none of these exceptions are applicable in this case.
8
SERVICE ADDRESS
Robert Jackson
15-A-1736
Sing Sing Correctional Facility
354 Hunter Street
Ossining, NY 10562
9
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
(In the space above enter the full name(s) of the plaintiff(s). )
AMENDED
COMPLAINT
under the Civil Rights Act,
42 U. S. C. § 1983
-against-
Jury Trial:
Q
Yes
Q
No
(check one)
____
Civ. _________ (
)
(In the space above enter the full name(s) of the defendant(s). If you
cannot fit the names of all of the defendants in the space provided,
please write “see attached” in the space above and attach an
additional sheet of paper with the full list of names. The names
listed in the above caption must be identical to those contained in
Part I. Addresses should not be included here. )
I.
Parties in this complaint:
A.
List your name, identification number, and the name and address of your current place of
confinement. Do the same for any additional plaintiffs named. Attach additional sheets of paper
as necessary.
Plaintiff’s
B.
Name_____________________________________________________________
ID#_______________________________________________________________
Current Institution___________________________________________________
Address___________________________________________________________
__________________________________________________________________
List all defendants’ names, positions, places of employment, and the address where each defendant
may be served. M ake sure that the defendant(s) listed below are identical to those contained in the
above caption. Attach additional sheets of paper as necessary.
Defendant No. 1
Name ___________________________________________ Shield #_________
Where Currently Employed __________________________________________
Address __________________________________________________________
_________________________________________________________________
Rev. 01/2010
1
Defendant No. 2
Name ___________________________________________ Shield #_________
Where Currently Employed __________________________________________
Address __________________________________________________________
_________________________________________________________________
Defendant No. 3
Name ___________________________________________ Shield #_________
Where Currently Employed __________________________________________
Address __________________________________________________________
_________________________________________________________________
W ho did
w hat?
Defendant No. 4
Name ___________________________________________ Shield #_________
Where Currently Employed __________________________________________
Address __________________________________________________________
_________________________________________________________________
Defendant No. 5
Name ___________________________________________ Shield #_________
Where Currently Employed __________________________________________
Address __________________________________________________________
_________________________________________________________________
II.
Statement of Claim:
State as briefly as possible the facts of your case. Describe how each of the defendants named in the
caption of this complaint is involved in this action, along with the dates and locations of all relevant events.
You may wish to include further details such as the names of other persons involved in the events giving
rise to your claims. Do not cite any cases or statutes. If you intend to allege a number of related claims,
number and set forth each claim in a separate paragraph. Attach additional sheets of paper as necessary.
A.
In what institution did the events giving rise to your claim(s) occur?
_______________________________________________________________________________
_______________________________________________________________________________
B.
Where in the institution did the events giving rise to your claim(s) occur?
_______________________________________________________________________________
C.
What date and approximate time did the events giving rise to your claim(s) occur?
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
D.
W hat
h ap p en ed
to you ?
Facts:__________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Rev. 01/2010
2
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
W as
anyone
else
involved?
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
W ho else
saw w hat
h ap p en ed?
III.
Injuries:
If you sustained injuries related to the events alleged above, describe them and state what medical
treatment, if any, you required and received.
______________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
______________________________________________________________________________________
IV.
Exhaustion of Administrative Remedies:
The Prison Litigation Reform Act (" PLRA" ), 42 U. S. C. § 1997e(a), requires that “ [n]o action shall be
brought with respect to prison conditions under section 1983 of this title, or any other Federal law, by a
prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are
available are exhausted. ” Administrative remedies are also known as grievance procedures.
A.
Did your claim(s) arise while you were confined in a jail, prison, or other correctional facility?
Yes ____
Rev. 01/2010
No ____
3
If YES, name the jail, prison, or other correctional facility where you were confined at the time of the
events giving rise to your claim(s).
_____________________________________________________________________________________
_____________________________________________________________________________________
______________________________________________________________________________________
B.
Does the jail, prison or other correctional facility where your claim(s) arose have a grievance
procedure?
Yes ____
C.
No ____
Do Not Know ____
Does the grievance procedure at the jail, prison or other correctional facility where your claim(s)
arose cover some or all of your claim(s)?
Yes ____
No ____
Do Not Know ____
If YES, which claim(s)?
_______________________________________________________________________________
D.
Did you file a grievance in the jail, prison, or other correctional facility where your claim(s) arose?
Yes ____
No ____
If NO, did you file a grievance about the events described in this complaint at any other jail,
prison, or other correctional facility?
Yes ____
E.
No ____
If you did file a grievance, about the events described in this complaint, where did you file the
grievance?
_______________________________________________________________________________
1.
Which claim(s) in this complaint did you grieve?
______________________________________________________________________________
_______________________________________________________________________________
2.
What was the result, if any?
_______________________________________________________________________________
_______________________________________________________________________________
3.
What steps, if any, did you take to appeal that decision? Describe all efforts to appeal to
the highest level of the grievance process.
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
F.
If you did not file a grievance:
1.
If there are any reasons why you did not file a grievance, state them here:
_________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Rev. 01/2010
4
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
2.
If you did not file a grievance but informed any officials of your claim, state who you
informed, when and how, and their response, if any:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
G.
Please set forth any additional information that is relevant to the exhaustion of your administrative
remedies.
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
Note:
You may attach as exhibits to this complaint any documents related to the exhaustion of your
administrative remedies.
V.
Relief:
State what you want the Court to do for you (including the amount of monetary compensation, if any, that
you are seeking and the basis for such amount).
Rev. 01/2010
5
VI.
On
these
claims
Previous lawsuits:
A.
Have you filed other lawsuits in state or federal court dealing with the same facts involved in this
action?
Yes ____ No ____
B.
If your answer to A is YES, describe each lawsuit by answering questions 1 through 7 below. (If
there is more than one lawsuit, describe the additional lawsuits on another sheet of paper, using
the same format. )
1.
Parties to the previous lawsuit:
Plaintiff
Defendants
2. Court (if federal court, name the district; if state court, name the county) ________________
3.
Docket or Index number
4.
Name of Judge assigned to your case__________________________________________
5.
Approximate date of filing lawsuit
6.
Is the case still pending? Yes ____ No ____
If NO, give the approximate date of disposition__________________________________
7.
What was the result of the case? (For example: Was the case dismissed? Was there
judgment in your favor? Was the case appealed?) _______________________________
________________________________________________________________________
________________________________________________________________________
On
other
claim s
C.
Have you filed other lawsuits in state or federal court otherwise relating to your imprisonment?
Yes ____
D.
No ____
If your answer to C is YES, describe each lawsuit by answering questions 1 through 7 below. (If
there is more than one lawsuit, describe the additional lawsuits on another piece of paper, using
the same format. )
1.
Parties to the previous lawsuit:
Plaintiff
Defendants
2.
Court (if federal court, name the district; if state court, name the county) ___________
3.
Docket or Index number
4.
Name of Judge assigned to your case_________________________________________
5.
Approximate date of filing lawsuit
Rev. 01/2010
6
6.
Is the case still pending? Yes ____ No ____
If NO, give the approximate date of disposition_________________________________
7.
What was the result of the case? (F or example: Was the case dismissed? Was there
judgment in your favor? Was the case appealed?) ______________________________
________________________________________________________________________
_________________________________________________________________________
I declare under penalty of perjury that the foregoing is true and correct.
Signed this
day of
, 20
.
Signature of Plaintiff
_____________________________________
Inmate Number
_____________________________________
Institution Address
_____________________________________
_____________________________________
_____________________________________
_____________________________________
Note:
All plaintiffs named in the caption of the complaint must date and sign the complaint and provide
their inmate numbers and addresses.
I declare under penalty of perjury that on this _____ day of _________________, 20__, I am delivering
this complaint to prison authorities to be mailed to the Pro Se Office of the United States District Court for
the Southern District of New York.
Signature of Plaintiff:
Rev. 01/2010
7
_____________________________________
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