MCGEE et al v. SHROM et al

Filing 33

ORDER THAT THE MOTION TO DISMISS THE AMENDED COMPALINT IS GRANTED. PLFFS PARIVCK OJONG'S AND ELIJAH G.T. THOMPSON, IV'S CLAIMS ARE DISMISSED WITH PREJUDICE, AND OJONG AND THOMPSON ARE DISMISSED AS PARTIES TO THIS ACTION, ETC. PLFF CURTIS ST OVCKLEY, JR.'S REMAINING CLAIMS AGAINST DEFT SMYTHE ARE DISMISSED WITHOUT PREJUDICE. ON OR BEFORE 11/4/10, PLFF STOCKLEY MAY FILE A SECOND AMENDED COMPLAINT THAT MORE CLEARLY SETS FORTH THE FACTUAL AND LEGAL BASES FOR HIS CLAIMS AGAINST DEFT SMYTHE. ( SIGNED BY HONORABLE JOHN R. PADOVA ON 10/14/10. ) 10/15/10 ENTERED AND COPIES E-MAILED.(gn, ) Modified on 10/15/2010 (gn, ). ( FILED IN ERROR 10-688)

MCGEE et al v. SHROM et al

Doc. 33

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CURTIS STOCKLEY, JR., ET AL. v. DARBY BOROUGH, ET AL. : : : : : ORDER AND NOW, this 14th day of October, 2010, upon consideration of Defendants' Motion to Dismiss the Amended Complaint (Docket No. 12), and Plaintiffs' opposition thereto, and for the reasons stated in the accompanying Memorandum, IT IS HEREBY ORDERED that: 1. 2. The Motion to Dismiss the Amended Complaint is GRANTED. Plaintiffs Patrick Ojong's and Elijah G.T. Thompson, IV's claims are DISMISSED WITH PREJUDICE, and Ojong and Thompson are DISMISSED as parties to this action. 3. Plaintiff Curtis Stockley, Jr.'s claims against Defendants Darby Borough, Lieutenant Richard Gibney, Lieutenant Darrell Guy, Officer Anthony Salvatore, Corporal Joseph Gabe, and Helen Thomas are DISMISSED WITH PREJUDICE, and those Defendants are DISMISSED as parties to this action. 4. Plaintiff Curtis Stockley, Jr.'s claims for punitive damages against Defendant Smythe in his official capacity are DISMISSED WITH PREJUDICE. CIVIL ACTION

NO. 10-688

Dockets.Justia.com

5.

Plaintiff Curtis Stockley, Jr.'s remaining claims against Defendant Smythe are DISMISSED WITHOUT PREJUDICE. On or before November 4, 2010, Plaintiff Stockley may file a second amended complaint that more clearly sets forth the factual and legal bases for his claims against Defendant Smythe.

BY THE COURT: /s/ John R. Padova, J.

John R. Padova, J.