PITMAN v. OTTEHBERG et al

Filing 41

ORDERED that Defts 20 Motion to Dismiss Camden County Prosecutors Office, Ottenberg & Woshnak is GRANTED IN PART & DENIED IN PART. GRANTED w/ respect to all claims against Deft Camden County Prosecutors Office, all claims are DISMISSED W/ PREJUDICE ; GRANTED w/ respect to all claims against Ottenberg in his official capacity, all claims are DISMISSED W/ PREJUDICE; GRANTED w/ respect to all claims against Ottenberg in his individual capacity, all claims are DISMISSED W/OUT PREJUDICE; GRANTED as to Pltf's claims under 42 U.S.C. § 1983 for either false arrest/false imprisonment, such claims are DISMISSED W/ PREJUDICE; GRANTED w/ respect to all claims against Deft Woshnak in his individual capacity, all claims are DISMISSED W/OUT PREJUDICE; DENIED as to Pltf's claim under 42 U.S.C. § 1983 for malicious prosecution. Pltf is GRANTED leave to file an AMENDED COMPLAINT w/in 30 days. Signed by Judge Noel L. Hillman on 12/30/2011. (drw )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

PERMAN PITMAN,

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Plaintiff,
v.
JOSHUA M. OTTEHBERG, et al.,
Defendants.

Civ. A. No. 10-2538(NLH/KMW)

ORDER

HILLMAN, District Judge
For the reasons expressed in the Court’s Opinion entered on
this date,
IT IS HEREBY ORDERED this

30th

day of

December

, 2011,

that motion [Doc. No. 20] to dismiss filed by Defendants Camden
County Prosecutor’s Office, Ottenberg, and Woshnak shall be, and
hereby is, GRANTED IN PART and DENIED IN PART; and it is further
ORDERED that the motion is GRANTED with respect to all
claims against Defendant Camden County Prosecutor’s Office, and
all such claims shall be, and hereby are, DISMISSED WITH
PREJUDICE; and it is further
ORDERED that the motion is GRANTED with respect to all
claims against Defendant Ottenberg in his official capacity, and
all such claims shall be, and hereby are, DISMISSED WITH
PREJUDICE; and it is further
ORDERED that the motion is GRANTED with respect to all
claims against Defendant Ottenberg in his individual capacity,

and all such claims shall be, and hereby are, DISMISSED WITHOUT
PREJUDICE; and it is further
ORDERED that the motion is GRANTED to the extent Plaintiff
asserts claims under 42 U.S.C. § 1983 for either false arrest or
false imprisonment, and any such claims shall be, and hereby are,
DISMISSED WITH PREJUDICE; and it is further
ORDERED that the motion is GRANTED with respect to all
claims against Defendant Woshnak in his individual capacity, and
all such claims shall be, and hereby are, DISMISSED WITHOUT
PREJUDICE; and it is further
ORDERED that the motion is DENIED to the extent Plaintiff
asserts a claim under 42 U.S.C. § 1983 for malicious prosecution;
and it is further
ORDERED that Plaintiff shall be, and hereby is, granted
leave to file an amended complaint within thirty (30) days of the
date of this Order to correct the deficiencies identified in the
Court’s Opinion of even date.

/s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

At Camden, New Jersey

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