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Civil Rights: Other | New York Southern
Order
OPINION & ORDER re: 112 MOTION to Dismiss filed by Orange County, Correctional Officer Sellers, 120 SECOND MOTION to Dismiss filed by Trinity Services Group, Inc. For the foregoing reasons, the Court GRANTS the motions to dismiss filed by the County Defendants and Trinity. Because Plaintiff previously had the benefit of the Court's opinion identifying the deficiencies in his claims and was afforded an opportunity to amend, the Court concludes that fur ther amendment would not cure the substantive defects in Plaintiff's claims and would therefore be futile. Accordingly, Plaintiff's claims against Defendants Orange County, Correctional Officer Sellers, and Trinity Services Group, Inc. are dismissed with prejudice.The only remaining defendant in this action is Luckner Sydney, a non-state actor, against whom Plaintiff may assert only state law claims. Plaintiff is therefore ORDERED TO SHOW CAUSE, by March 10, 2026, why the Court shou ld not dismiss the remaining state law claim against Defendant Luckner Sydney for lack of subject matter jurisdiction. If Plaintiff fails to respond by the Court-ordered deadline, the Court will dismiss the claim against Defendant Luckner Sydney with out prejudice for Plaintiff to refile in state court if he wishes. The Clerk of Court is respectfully directed to terminate the motions at ECF Nos. 112 and 120; to terminate Defendants Orange County, Correctional Officer Sellers, and Trinity Services Group, Inc. from this action; and to mail a copy of this Order to pro se Plaintiff and pro se Defendant Luckner Sydney at their respective addresses on ECF and to show service on the docket. SO ORDERED. Trinity Services Group, Inc., Correctional Officer Sellers and Orange County terminated. (Signed by Judge Nelson Stephen Roman on 2/10/2026) (mml)
ORDER with respect to 112 Motion to Dismiss; with respect to 120 Motion to Dismiss. The Court accepts pro se Plaintiff's document titled "Reply Declaration of Samuel Muniz in Motion to Oppose Dismissal" (ECF No. 130) as his Opp osition to Defendants' motions to dismiss and deems the Opposition timely submitted nunc pro tunc in light of Plaintiff's pro se status, the existence of two briefing schedules, and delays with mail from incarcerated litigants. The Court recognizes Defendants' memorandums of law and declarations (ECF Nos. 113, 114, 117, 121, 122, and 126) and deems the pending motions (ECF Nos. 112 and 120) fully submitted. The Clerk of Court is respectfully directed to mail a copy of this Order to pro se Plaintiff at his address as listed on ECF and to show service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 12/18/2025) (jjc)
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