Eichie v. Kuakazi

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK PETEREICHIE, —SOS*~S~S

Plaintiff, -against- 21 CIVIL 10712 (LJL) JUDGMENT KILOLO KUAKAZI, ACTING COMMISSIONER OF SOCIAL SECURITY for the UNITED STATES, Defendant. wane It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated February 1, 2023, Defendant's motion to dismiss the Complaint for lack of subject matter jurisdiction and failure to state a claim is GRANTED. Because the Court has dismissed this action, it does not address Defendant's motion for summary judgment, which was submitted in the alternative. The Court finds that any amendment would be futile. See McCarthy v. Dun & Bradstreet Corp., 482 F.3d 184, 200 (2d Cir. 2007) ("[I]t is within the sound discretion of the district court to grant or deny leave to amend. A district court has discretion to deny leave for good reason, including futility, bad faith, undue delay, or undue to the opposing party.") (internal citations omitted); Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000) (repleading would be futile when the "problem with [the pleader's] causes of action is substantive"); accordingly, the case 1s closed. Dated: New York, New York February 2, 2023

RUBY J. KRAJICK

Clerkof Court BY: K (MANGO Deputy Clerk