Wilson v. Cape Vincent Corr. Facility

Full title: ARVEL WILSON, Plaintiff, v. CAPE VINCENT CORRECTIONAL FACILITY, et al.…

Court: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

9:20-CV-0361 (TJM/TWD)

Date published: Jul 16, 2020

Fact:

Plaintiff Arvel Wilson commenced this action pro se by filing a civil rights complaint asserting claims pursuant to 42 U.S.C. § 1983 (“Section 1983”), together with an application to proceed in forma pauperis (“IFP”) and a motion for preliminary injunctive relief. Dkt. No. 1 (“Compl.”); Dkt. No. 10 (“IFP Application”); Dkt. No. 6 (“Preliminary Injunction Motion”). By  Decision and Order filed May 13, 2020, the Court granted plaintiff’s IFP Application, but following review of the complaint pursuant to 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b), found that it was subject to dismissal for failure to state a claim upon which relief may be granted. Dkt. No. 13 (“May 2020 Order”). In light of his pro se status, plaintiff was afforded an opportunity to submit an amended complaint.

Issue:

CONCLUSION:

WHEREFORE, it is hereby

ORDERED that this action alleging federal claims under Section 1983 is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) as barred in part by the Eleventh Amendment and for failure to state a claim upon which relief may be granted. The Clerk is directed to terminate all of the defendants and close this case; and it is further

ORDERED that the Clerk serve a copy of this Decision and Order on plaintiff.

IT IS SO ORDERED.

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