Flores v. Tryon et al, No. 6:2015cv06623 - Document 19 (W.D.N.Y. 2017)

Court Description: DECISION AND ORDER granting 11 Motion to Dismiss. Plaintiff's complaint 1 is dismissed, and the Clerk of the Court is directed to close this case. Plaintiff's third and fifth causes of action are dismissed with prejudice, bu the remai ning causes of action are dismissed without prejudice. Plaintiff is granted leave to file an amended complaint as to the first, second, and fourth causes of action within 30 days of the filing of this Decision and Order. If plaintiff does not file an amended complaint as directed his Fourth, Fifth and Eighth Amendment claims will be dismissed with prejudice. Plaintiff is advised that an amended complaint is intended to completely replace the prior complaint in this action, and thus it &qu ot;renders [any prior complaint] of not legal effect." Therefore, Plaintiff's amended complaint must include all necessary allegations so that it may stand alone as the sole complaint in this action. Moreover, Plaintiff is reminded that lea ve to amend is only granted with respect to the Fourth, Fifth and Eighth Amendment causes of action, consistent with this Decision and Order. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 08/28/2017. (Copy of this Decision & Order mailed to Plaintiff, Edson Flores, on 8/29/2017.) (LMD)-CLERK TO FOLLOW UP-