Opinion
19 CIVIL 7834 (PMH)
01-05-2021
ANTHONY F. DEBELLIS, Plaintiff, v. STEPHEN SCHMOKE, et al., Defendants.
JUDGMENT
It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated January 5, 2021, the Court dismisses Plaintiff's AC in its entirety. 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 Mgt. Corp., 541 F. App'x 40, 41 (2d Cir. 2013) (citing Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000)). Here, Plaintiff has already had one opportunity to amend his Complaint and has not sought leave to file a Second Amended Complaint. Furthermore, any amendment would be futile as Plaintiff cannot establish lack of probable cause and Plaintiff's remaining claims for relief are flawed as a matter of law; accordingly, this case is closed. Dated: New York, New York
January 5, 2021
RUBY J. KRAJICK
Clerk of Court
BY: /s/ _________
Deputy Clerk