Myers v. Doherty et al, No. 1:2021cv00219 - Document 37 (S.D.N.Y. 2021)

Court Description: OPINION & ORDER re: 29 MOTION to Dismiss, filed by Richard Beary, Sean Conry, James Francis Kobel, Mary Christine Doherty, City of New York, 19 MOTION to Dismiss Pursuant To FRCP Rule 12(b)(6) filed by Richard Beary, Sean Conry, James Francis Kobel, Mary Christine Doherty, City of New York. For the foregoing reasons, the Court grants defendants' motion to dismiss the AC's federal claims. That dismissal is with prejudice, as the AC was Myers's s econd complaint, and he has not identified any factual basis on which these claims may be rehabilitated. See Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000). The Court declines to exercise supplemental jurisdictional over its NYCHR L claims. These claims are dismissed without prejudice. The Clerk of Court is respectfully directed to terminate the motions pending at dockets 19 and 29, and to close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/30/2021) (va) Transmission to Orders and Judgments Clerk for processing.