Perez v. Harrelson et al

Filing 57

ORDER -- Counts IV and VII of Plaintiff's First Amended Complaint (Doc. 30) are DISMISSED WITH PREJUDICE. On or before Monday, April 18, 2016, Defendants Constantine Procos and Joshua Santos shall file their respective answers to the remaining counts of Plaintiff's First Amended Complaint. Signed by Judge Roy B. Dalton, Jr. on 3/28/2016. (VMF)

Download PDF
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION JAVIER PEREZ, Plaintiff, v. Case No. 6:15-cv-879-Orl-37GJK BOBBY CRAIG HARRELSON, JR.; CONSTANTINE PROCOS; and JOSHUA SANTOS, Defendants. ORDER This cause is before the Court on its own motion. On March 7, 2016, the Court entered an Order partially granting Defendants’, Constantine Procos and Joshua Santos, Motion to Dismiss Plaintiff’s Amended Complaint and Incorporated Memorandum of Law (Doc. 36). (Doc. 56.) In particular, the Court dismissed Counts IV and VII of Plaintiff’s Amended Complaint without prejudice, pursuant to Federal Rule of Civil Procedure 12(b)(6). (See Doc. 56, pp. 9–11, 16.) In doing so, the Court outlined the existing deficiencies in Plaintiffs’ Amended Complaint and granted Plaintiff leave to amend his complaint to cure such deficiencies. (See id.) The Court warned Plaintiff that failure to file a second amended complaint on or before Monday, March 21, 2016, would result in dismissal of Counts IV and VII with prejudice. (Id. at 16.) To date, Plaintiff has not filed a second amended complaint. Therefore, in accordance with the Court’s prior warning, Counts IV and VII of Plaintiff’s First Amended Complaint (Doc. 30) are DISMISSED WITH PREJUDICE. On or before Monday, April 18, 2016, Defendants Constantine Procos and Joshua Santos shall file their respective answers to the remaining counts of Plaintiff’s First Amended Complaint (Doc. 30). IT IS SO ORDERED. DONE AND ORDERED in Chambers in Orlando, Florida, on March 28, 2016. Copies: Counsel of Record 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?