GOODE v. NUTTER et al

Filing 31

ORDER THAT DEFENDANTS SECOND MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (DOC. NO. 23) IS GRANTED AS TO MICHAEL NUTTER, LOUIS GIORLA AND JOHN DELANEY. PLAINTIFF IS GIVEN LEAVE TO FILE AND SERVE A SECOND AMENDED COMPLAINT ON OR BEFORE 10/19/15. SIGNED BY HONORABLE NORMA L. SHAPIRO ON 9/18/15. 9/18/15 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RONALD GOODE,
v.
MICHAEL NUTTER; LOUIS GIORLA;
JOHN DELANEY; and MICHELE
FARRELL

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CIVIL ACTION

No. 11-6420

ORDER
AND NOW, this 18th day of September, 2015, upon consideration of plaintiff’s “Amended
Complaint,” defendants’ “Second Motion to Dismiss for Failure to State a Claim,” plaintiff’s
“Opposition to Defendants Motion to Dismiss Plaintiff's Amended Complaint," and plaintiff’s
"Challenging Memorandum of Law in Support of Defendants' Second Motion to Dismiss for Failure
to State a Claim," and for the reasons set forth in the accompanying memorandum of today’s date, it
is ORDERED that:
1. Defendants’ “Second Motion to Dismiss for Failure to State a Claim” (paper no. 23) is
GRANTED as to Michael Nutter, Louis Giorla, and John Delaney.
2. Plaintiff is given leave to file and serve a second amended complaint stating a plausible
claim consistent with the court’s opinion against defendants under 42 U.S.C. § 1983 on or before
October 19, 2015. Failure to do so will result in dismissal of the action.

/s/ Norma L. Shapiro
J.