Shomo v. State of New York Department of Corrections and Community Supervision and it's Executives

S.D. New York

Shomo v. State of New York Department of Corrections and Community Supervision and it's Executives

DecidedMay 4, 2022

Docket7:21-cv-00128

StatusUnknown

This text of Shomo v. State of New York Department of Corrections and Community Supervision and it's Executives (Shomo v. State of New York Department of Corrections and Community Supervision and it's Executives) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Shomo v. State of New York Department of Corrections and Community Supervision and it's Executives, (S.D.N.Y. 2022).

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UNITED STATES DISTRICT COURT | ea □□ SOUTHERN DISTRICT OF NEW YORK URES EC ALD yard nn nen nnn nn nnn nnn nnn i □□ ue . joe JOSE J. SHOMO, ee ot eae Plaintiff, oe □ -against- 21 CIVIL 128 (PMH) JUDGMENT STATE OF NEW YORK DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, et al., Defendants. nee nee eee cee K It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated May 4, 2022, Defendants' motion to dismiss is GRANTED and the Complaint is DISMISSED with prejudice for failure to state a claim. 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. Appx 40, 41 (2d Cir. 2013) (citing Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000)). The Complaint 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. 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). Plaintiff is not otherwise entitled to proceed IFP under 28 U.S.C § 1915(g). IFP status is therefore denied for the purpose of an appeal; accordingly, the case is closed. Dated: New York, New York May 4, 2022

RUBY J. KRAJICK Clerk of Court BY: Deputy Clerk

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UNITED STATES DISTRICT COURT | ea □□ SOUTHERN DISTRICT OF NEW YORK URES EC ALD yard nn nen nnn nn nnn nnn nnn i □□ ue . joe JOSE J. SHOMO, ee ot eae Plaintiff, oe □ -against- 21 CIVIL 128 (PMH) JUDGMENT STATE OF NEW YORK DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, et al., Defendants. nee nee eee cee K It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated May 4, 2022, Defendants' motion to dismiss is GRANTED and the Complaint is DISMISSED with prejudice for failure to state a claim. 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. Appx 40, 41 (2d Cir. 2013) (citing Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000)). The Complaint 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. 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). Plaintiff is not otherwise entitled to proceed IFP under 28 U.S.C § 1915(g). IFP status is therefore denied for the purpose of an appeal; accordingly, the case is closed. Dated: New York, New York May 4, 2022

RUBY J. KRAJICK Clerk of Court BY: Deputy Clerk

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Shomo v. State of New York Department of Corrections and Community Supervision and it's Executives, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shomo-v-state-of-new-york-department-of-corrections-and-community-nysd-2022.

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