WASHINGTON v. CITY OF PHILADELPHIA et al

Filing 13

ORDER THAT THE CITY'S MOTION TO DISMISS IS GRANTED IN PART; COUNT II OF THE COMPLAINT IS DISMISSED AGAINST ALL DEFTS; PLFF IS GRANTED LEAVE TO FILE AN AMENDMENT TO CURE DEFECTS IN COUNTS I & III BY 1/25/2012, ETC. BY 1/25/2012, PLFF SHALL SHOW GOOD CAUSE WHY WE SHOULD NOT DISMISS WITHOUT PREJUDICE HIS CLAIMS AGAINST THE JOHN DOE OFFICER DEFTS PURSUANT TO F.R.C.P 4(m).SIGNED BY HONORABLE STEWART DALZELL ON 1/11/12. 1/11/12 ENTERED AND COPIES E-MAILED AND MAILED TO UNREPRESENTED PARTY.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KENNETH WASHINGTON
v.
CITY OF PHILADELPHIA, et al.

:
:
:
:
:

CIVIL ACTION

NO. 11-3275

ORDER
AND NOW, this 11th day of January, 2012, upon
consideration of plaintiff’s complaint (docket entry # 1),
defendant City of Philadelphia’s (the “City”) motion to dismiss
(docket entry # 4), and plaintiff’s response thereto (docket
entry # 6), and in accordance with the accompanying Memorandum,
it is hereby ORDERED that:
1.

The City’s motion to dismiss (docket entry # 4) is

GRANTED IN PART;
2.

Count II of the complaint is DISMISSED against all

defendants;
3.

Plaintiff is GRANTED LEAVE to file an amendment to

cure defects in Counts I and III by January 25, 2012, or we will
dismiss with prejudice these Counts against the City for failure
to state a claim; and
4.

By January 25, 2012, Plaintiff shall SHOW GOOD

CAUSE why we should not dismiss without prejudice his claims

against the John Doe officer defendants pursuant to Fed. R. Civ.
P. 4(m).

BY THE COURT:

__\s\Stewart Dalzell