Gunn v. Annucci

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wane KX DARRELL GUNN, 03-B-2443, Plaintiff, -against- 20 CIVIL 2004 (PMH) JUDGMENT ANTHONY ANNUCCI, Acting Commissioner, et al., Defendants. nen nen eK It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated April 29, 2021, For the foregoing reasons, Defendants’ motion to dismiss is GRANTED. While “[dl]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. App’x 40, 41 (2d Cir. 2013) (citing Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000)). In this case, the Complaint is dismissed with prejudice because any amendment would be futile; accordingly, this case is closed. Dated: New York, New York April 29, 2021

RUBY J. KRAJICK Clerk of Cour7 / BY: D : DeptY Clerk