Roesch v. New York State Office of Mental Health, et al, No. 1:2015cv00247 - Document 106 (S.D.N.Y. 2018)

Court Description: OPINION & ORDER adopting Report and Recommendation for 94 Report and Recommendation re: 72 FIRST MOTION to Dismiss Plaintiff's Second Amended Complaint. For the foregoing reasons, the Court adopts Judge Pitman's Report and Recomme ndation in its entirety. The Court dismisses Roesch's claims with prejudice, except for those claims dismissed pursuant to Rule 12(b)(1), which are necessarily dismissed without prejudice. The Clerk of Court is respectfully directed to close the motion pending at Dkt. 72. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/20/2018) (anc)