The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
NOEL L. BROWN,
Plaintiff,
18-CV-3287 (JPO)
-V-
ORDER
ANTHONY KEMPINSKL, ef a/.,
Defendants.
J. PAUL OETKEN, District Judge:
1. Pursuant to the mandate from the Second Circuit, see ECF No. 94, the Clerk of Court
is directed to issue an amended judgment clarifying that the dismissal of Brown’s false arrest
claims (see ECF No. 66 at 4-5 and ECF No. 81 at 2 —3) under Heck v. Humphrey, 512 US.
477 (1994), is without prejudice, while the dismissal of his other claims is with prejudice. See
Amaker v. Weiner, 179 F.3d 48, 52 (2d Cir. 1999) (“Disposition of the case on Heck grounds,
however, warrants only dismissal without prejudice, because the suit may be reinstituted should
plaintiffs conviction be “expunged by executive order, declared invalid by a state tribunal
authorized to make such determination, or called into question by a federal court's issuance of a
writ of habeas corpus.”) (citing Heck at 487.)
2. Brown’s motion for summary judgment in this closed case is denied as procedurally
improper, given that the case has been dismissed. See this Court’s previous orders in this case at
ECF Nos. 66, 81, 88. The Clerk is directed to close the motion at ECF No. 95.
The Clerk of Court is also directed to mail a copy of this order to the pro se plaintiff.
SO ORDERED.
Dated: May 2, 2023
New York, New York
J. PAUL OETKEN
United States District Judge