Robinson v. Lynn et al

Filing 97

CLERK'S JUDGMENT re: 96 Memorandum & Opinion. in favor of Ahkand, Carl Koenisgsmann, Frederick N. Bernstein, Janice Lynn Wolf Freidman, Kevin Oh Or Kenneth, Kyoung Kim, Robert Bentivegna against James Robinson. It is hereby ORDERED, ADJUD GED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated February 5, 2021, the Court GRANTS Defendants' motion to dismiss. While "[d]istrict courts should frequently provide leave to amend before dismissing a pro se complaint... leave to amend is not necessary when it would be futile." Reed v. Friedman Mgt. Corp., 541 F. App'x 40, 41 (2d Cir. 2013) (citing Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000)). Here, the Court dismiss es Plaintiffs Complaint with prejudice as any amendment would be futile and Plaintiff has already had an opportunity to amend his pleading; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 2/8/2021) (Attachments: # 1 Notice of Right to Appeal) (dt) Transmission to Docket Assistant Clerk for processing.

Case 7:18-cv-02409-PMH Document 97 Filed 02/08/21 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------------------------------X
JAMES ROBINSON,
Plaintiff,
18 CIVIL 2409 (PMH)

-against-

JUDGMENT
JANICE LYNN WOLF-FRIEDMAN, 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 February 5, 2021, the Court GRANTS
Defendants’ motion to dismiss. While “[d]istrict courts should frequently provide leave to amend
before dismissing a pro se complaint . . . leave to amend is not necessary when it would be futile.”
Reed v. Friedman Mgt. Corp., 541 F. App’x 40, 41 (2d Cir. 2013) (citing Cuoco v. Moritsugu, 222
F.3d 99, 112 (2d Cir. 2000)). Here, the Court dismisses Plaintiff’s Complaint with prejudice as any
amendment would be futile and Plaintiff has already had an opportunity to amend his pleading;

accordingly, this case is closed.
Dated: New York, New York
February 8, 2021

RUBY J. KRAJICK
_________________________
Clerk of Court
BY:
_________________________
Deputy Clerk