Curtis v. Rockland County Drug Task Force

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK none KX CYRIL CURTIS, Plaintiff, 21 CIVIL 4294 (PMH) -against- JUDGMENT ROCKLAND COUNTY, OFFICER PHILLIP FANTASIA, OFFICER JOHN CASEY, OFFICER RAYMOND LUND, OFFICER MICHAEL VIGILLETI, INVESTIGATOR JOE ALVAREZ, Defendants. wane

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated October 28, 2022, Defendants’ motions to dismiss are GRANTED. 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 Mgmt. Corp., 541 F. 40, 41 (2d Cir. 2013) (citing Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000)). Here, the FAC is dismissed with prejudice because any amendment would be futile. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from the Memorandum Opinion and Order would not be taken in good faith, and in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444- 45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue); accordingly, the case 1s closed. Dated: New York, New York October 31, 2022 RUBY J. KRAJICK Clerk of Court BY: aK . (WA Ngo Deputy Clerk