Opinion
18 CIVIL 10198 (KMK)
02-02-2021
THOMAS BRYANT, Plaintiff, v. MICHAEL CAPRA, Superintendent; MS. HICKSON, Defendant.
JUDGMENT
It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated February 1, 2021, Defendants' Motion To Dismiss is granted. Plaintiff's claims are dismissed with prejudice. This is the second time adjudicating his claims, and Plaintiff has not fixed the problems identified by the Court in the January Opinion. See Denny v. Barber, 576 F.2d 465, 471 (2d Cir. 1978) (holding that the plaintiff was not entitled to "a third go-around"); Melvin v. County of Westchester, No. 14-CV-2995, 2016 WL 1254394, at *24 n.19 (S.D.N.Y. Mar. 29, 2016) (granting motion to dismiss with prejudice where "[the] [p]laintiff has already had two bites at the apple, and they have proven fruitless" (citation, alterations and quotation marks omitted)); accordingly, this case is closed. Dated: New York, New York
February 2, 2021
RUBY J. KRAJICK
Clerk of Court
BY: /s/ _________
Deputy Clerk