UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK none KX ROBERT STEVEN MANNING, Plaintiff, -against- 22 CIVIL 1367 (JPC) JUDGMENT STATES DEPARTMENT OF JUSTICE and UNITED STATES PAROLE COMMISSION, Defendants. wane It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated February 17, 2023, the Court has dismissed the Complaint for lack of subject matter pursuant to Federal Rule of Civil Procedure 12(b)(1) and, alternatively, for failure to state a claim to Rule 12(b)(6). The Court has also denied Manning’s motion to amend the Complaint, Dkts. 28-30, as futile. See Contreras v. Perimenis,

(2d Cir. 2014) (“A district court may deny leave to amend... when such an amendment would be futile.”). Manning seeks to amend his Complaint to add the of the Federal Correctional Institution Phoenix as a defendant. Dkt. 29 3. Such an amendment would remedy the defect fatal to Manning’s Complaint. However, the Court’s dismissal is without prejudice to any for a writ of habeas corpus Manning may seek in the proper jurisdiction. See Padilla, 542 U.S. at 443, 447; accordingly, the case is closed. Dated: New York, New York February 21, 2023 RUBY J. KRAJICK

Clerk of Court i>) BY: aK ; Me gc Deputy Clerk