Opinion
19 CIVIL 7271 (MKV)
07-21-2020
JASON WINTERS, Plaintiff, v. THE CITY OF NEW YORK, WARDEN KISA SMALLS, and WARDEN SHERMA DUNBAR, Defendants.
JUDGMENT
It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated July 21, 2020, Plaintiff asserts in his Complaint a right to access the courts to pursue an Article 78 proceeding that was apparently unrelated to his confinement and which the Court cannot link to any conviction. No such right exists. Moreover, New York substantive law would bar the Article 78 proceeding, even if Plaintiff had been able to file it. Thus, the claim was frivolous. In addition to these deficiencies, Plaintiff has failed to allege facts that plausibly would impose liability on either the City of New York or the individual defendants. As a result, Defendants' Motion to Dismiss is GRANTED; accordingly, this case is closed. Dated: New York, New York
July 21, 2020
RUBY J. KRAJICK
Clerk of Court
BY: /s/ _________
Deputy Clerk