Holmes v. Meleady et al

Filing 41

Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER. In accordance with the foregoing, 27 Defendants' Motion to Transfer is DENIED; 37 Plaintiff's Motion for Leave to Amend his Complaint is ALLOWED; 38 Plaintiff's Moti on for Extension of Time upon a Showing of Excusable Neglect is DENIED AS MOOT; 36 Defendants' Motion to Dismiss Plaintiff's Amended Complaint is DENIED AS MOOT; 40 Plaintiff's Motion for a Status Inquiry is DENIED AS MOOT; 21 De fendants' Original Motion to Dismiss is deemed to apply to Plaintiff's amended complaint and is ALLOWED; and Plaintiff's amended complaint is, with respect to all claims other than his purported claim for malicious prosecution, DISMISSED with prejudice but, as to that enumerated claim, it is DISMISSED without prejudice and plaintiff may, if he chooses, file an amended claim related thereto within 45 days of this order. So Ordered.(Abaid, Kimberly)