MILES v. CITY OF PHILADELPHIA et al

Filing 7

MEMORANDUM AND ORDER THAT COUNTS I, II, AND III OF THE COMPLAINT ARE DISMISSED. PLAINTIFF MAY FILE AN AMENDED COMPLAINT ALLEGING FACTS SUFFICIENT TO STATE A CLAIM AGAINST THOSE DEFENDANTS WITHIN 21 DAYS FROM THE DATE OF THIS ORDER. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 9/21/11. 9/21/11 ENTERED AND COPIES E-MAILED.(fdc)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JAMIE MILES v. CITY OF PHILADELPHIA, et al. : : : : : : CIVIL ACTION No. 11-4040 ORDER AND NOW, this 21st day of September, 2011, upon consideration of the partial motion to dismiss filed by defendants City of Philadelphia, Mayor Michael Nutter, Commissioner Charles Ramsey, Captain Frank Gramlich, Captain Carol Abrams and Officer Connie Witherspoon and plaintiff’s response thereto, it is ORDERED that Counts I, II, and III of the complaint are DISMISSED. Plaintiff may file an amended complaint alleging facts sufficient to state a claim against those defendants within 21 days from the date of this Order. s/Thomas N. O’Neill, Jr. THOMAS N. O’NEILL, JR., J.

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