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Civil Rights: Other | New York Southern
Mailing Receipt
MAILING RECEIPT: Document No: 7. Mailed to: Guy McEachin 121 Hell Gate Circle New York, NY 11370. (tro)
Order
ORDER OF DISMISSAL WITH LEAVE TO REPLEAD: The Court dismisses this action for the reasons set forth above. Specifically, the Court dismisses Plaintiff's claims under Section 1983 for failure to state a claim on which relief may be granted. See 28 U.S.C. § 1915(e)(2)(B)(ii). The Court, however, grants Plaintiff 30 days' leave to replead his claims in an amended complaint, as specified above.If Plaintiff does not file an amended complaint within the time allowed, the Court will dir ect the Clerk of Court to enter a judgment dismissing this action for the reasons set forth in this order. The effect of that judgment will be: (1) dismissal of all of Plaintiff's claims under 42 U.S.C. § 1983 for failure to state a claim o n which relief may be granted, see § 1915(e)(2)(B)(ii); and (2) declination of consideration, under the Court's supplemental jurisdiction, of Plaintiff's claims under state law, including any claims of medical malpractice, without prej udice to Plaintiff's asserting such claims in a state court action, see 28 U.S.C. § 1367(c)(3). The Court directs the Clerk of Court to hold this matter open on the docket until a civil judgment is entered. SO ORDERED. (Signed by Judge Louis L. Stanton on 7/3/2026) (sgz)
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