JOHNSON v. THE CITY OF PATERSON et al

Filing 17

OPINION and ORDER granting with prejudice 11 Motion to Dismiss Complaint as to City of Paterson. Signed by Judge Kevin McNulty on 7/25/13. (jd, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

JEREMY JOHNSON,

Civ. No. 13-445 (KM) (MCA)

Plaintiff,
OPINION AND ORDER
V.

CITY OF PATERSON, et al.,
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Defendants

-

MCNULTY, District Judge

This matter having come before the Court on the motion of Defendant
City of Paterson (“City”) to dismiss the Complaint pursuant to Fed. R. Civ. P.
12(b)(6), arguing that Plaintiff’s failure to make a single allegation against the
City demonstrates that the Complaint fails to state a claim upon which relief
may be granted as to the City [ECF No. 11]; and it further
APPEARING that no opposition has been filed; and it further
APPEARING that, after the City filed its Motion to Dismiss, Plaintiff filed

an Amended Complaint devoid of any reference to the City, even removing the
City from the listed Defendants in the caption [ECF No. 13]; and it further
APPEARING that Plaintiff has failed to allege facts showing a basis for

liability against the City and has effectively conceded that the City is not a
proper Defendant by removing the City from the caption of the Amended
Complaint; therefore
IT IS this 25th day of July 2013,

ORDERED that the City of Paterson’s Motion to Dismiss Plaintiff’s
Complaint pursuant to Fed. R. Civ. P. 12(b)(6) is GRANTED. All counts of
Plaintiff’s Complaint against the City of Paterson are hereby DISMISSED with
prejudice.

K VIN MCNULTY, U.S.D.J.

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