LaTouche v. Bodge et al

Filing 26

ORDER PURSUANT TO FED. R. CIV. P. 41(a)(2) DISMISSING THE COMPLAINT WITHOUT PREJUDICE NOW, THEREFORE, Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, the herein action is dismissed without prejudice. SO ORDERED. (Signed by Judge Philip M. Halpern on 2/6/2024) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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VALREY LATOUCHE,
:
:
Plaintiff,
:
:
-against:
:
LIEUTENANT BRIAN J. BODGE,
:
OF SING SING CORRECTIONAL
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FACILITY, ELAINE VELEZ, DEPUTY
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SUPERINTENDENT OF PROGRAMS OF :
SING SING CORRECTIONAL FACILITY, :
:
Defendants.
:
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23-Civ-02207(PMH)
PROPOSED ORDER PURSUANT
TO FED. R. CIV. P. 41(a)(2)
DISMISSING THE COMPLAINT
WITHOUT PREJUDICE

WHEREAS, on or about March 14, 2023, Plaintiff commenced this action by filing a
Complaint pursuant to 42 U.S.C. § 1983, in the Southern District of New York, Case Number 23CV-02207, against Defendants Brian Bodge and Elaine Velez;
WHEREAS, Plaintiff alleges that the Defendants violated his rights under the First,
Fourth, Eighth, and Fourteenth Amendments to the United State Constitution;
WHEREAS, on or about November 30, 2023, Defendants filed a letter requesting a premotion conference to discuss their anticipated motion to dismiss;
WHEREAS, Defendants planned to move to dismiss the Complaint on several grounds,
including, because Plaintiff had failed to exhaust his administrative remedies prior to filing this
federal lawsuit;
WHEREAS, on or about February 5, 2024, the Court conducted a pre-motion conference
during which time Plaintiff admitted to having filed the instant action prior to fully exhausting his
administrative remedies;

WHEREAS, at the February 5, 2024 conference, Plaintiff agreed to the dismissal of the
instant action without prejudice;
WHEREAS, at the conclusion of the February 5, 2024 conference, the Court directed the
Defendants to file a proposed order of dismissal;
NOW, THEREFORE, Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure,
the herein action is dismissed without prejudice.
SO ORDERED:
Hon. Philip M. Halpern, U.S.D.J.
Dated: White Plains, New York
February ___,
6 2024