Irizarry v. Manhattan Correctional Center

S.D. New York

Irizarry v. Manhattan Correctional Center

District Court, S.D. New York·Decided February 8, 2022·No. 1:21-cv-05170·Unknown

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JORGE IRIZARRY, Plaintiff, -against- 21-CV-5170 (LTS) MANHATTAN CORRECTIONAL CENTER; CIVIL JUDGMENT MARTI LICON-VITALE, CHARISMA EDGE; ROBERT HAZLEWOOD; N. DIAYE, Defendants. Pursuant to the order issued February 8, 2022, dismissing the amended complaint, IT IS ORDERED, ADJUDGED AND DECREED that Plaintiff’s claims under the Federal Tort Claims Act are dismissed without prejudice for failure to exhaust his administrative remedies, and his claims under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), are dismissed under 28 U.S.C. 1915(e)(2)(B)(ii). The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from the Court’s judgment would not be taken in good faith. IT IS FURTHER ORDERED that the Clerk of Court mail a copy of this judgment to Plaintiff and note service on the docket. SO ORDERED. Dated: February 8, 2022 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JORGE IRIZARRY, Plaintiff, -against- 21-CV-5170 (LTS) MANHATTAN CORRECTIONAL CENTER; CIVIL JUDGMENT MARTI LICON-VITALE, CHARISMA EDGE; ROBERT HAZLEWOOD; N. DIAYE, Defendants. Pursuant to the order issued February 8, 2022, dismissing the amended complaint, IT IS ORDERED, ADJUDGED AND DECREED that Plaintiff’s claims under the Federal Tort Claims Act are dismissed without prejudice for failure to exhaust his administrative remedies, and his claims under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), are dismissed under 28 U.S.C. 1915(e)(2)(B)(ii). The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from the Court’s judgment would not be taken in good faith. IT IS FURTHER ORDERED that the Clerk of Court mail a copy of this judgment to Plaintiff and note service on the docket. SO ORDERED. Dated: February 8, 2022 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge

Irizarry v. Manhattan Correctional Center, (S.D.N.Y. 2022).

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