Docket No. 05-1914-CV.

436 F.3d 120 (2006)

Susan CAMILLI, Plaintiff-Appellee, v. Charles GRIMES, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: January 26, 2006.

Attorney(s) appearing for the Case

Robert L. King, Debevoise & Plimpton, LLP, New York, N.Y., for Defendant-Appellant.

Thomas A. Butler, Butler, Fitzgerald, Fiveson & McCarthy, New York, N.Y., for Plaintiff-Appellee.

Before: NEWMAN, CABRANES, and HALL, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

This appeal concerns the authority of a district court to dismiss a complaint without prejudice. The precise issue is whether a district court exceeds allowable discretion by dismissing a complaint without prejudice, thereby denying a defendant the opportunity to sue a plaintiff for malicious prosecution. The issue arises on an appeal by Defendant-Appellant Charles Grimes from the March 22, 2005, order of the United States District Court...

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