Elawyers Elawyers
Washington| Change

Rodriguez v. N.Y. State Dept. of Parole, 19 CIVIL 643 (VEC) (JLC). (2020)

Court: District Court, S.D. New York Number: infdco20200127536 Visitors: 7
Filed: Jan. 21, 2020
Latest Update: Jan. 21, 2020
Summary: JUDGMENT VALERIE E. CAPRONI , District Judge . It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated January 17, 2020, the R&R is adopted to the extent that Plaintiff's Section 1983 claims are dismissed with prejudice, on the basis of qualified immunity; his ADA and Rehabilitation Act claims, if any, are dismissed with prejudice for failure to state a claim; his HCDA claim, if any, is dismissed without prejudice for lack
More

JUDGMENT

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated January 17, 2020, the R&R is adopted to the extent that Plaintiff's Section 1983 claims are dismissed with prejudice, on the basis of qualified immunity; his ADA and Rehabilitation Act claims, if any, are dismissed with prejudice for failure to state a claim; his HCDA claim, if any, is dismissed without prejudice for lack of jurisdiction; his state law claims, is any, are dismissed without prejudice because the Court declines to exercise supplemental jurisdiction; leave to amend is denied as futile; Plaintiff's failure to file objection to the R&R operates as a waiver of appellate review because the R&R contained a notice that Plaintiff's failure to file objections within 14 days will preclude appellate review, informed Plaintiff of the possibility of an extension of time to file objections, and cited the relevant law governing objection and computation of time; accordingly, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and permission to proceed in forma pauperis is denied, and the case is closed.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer