WOODSON v. COLAJEZZI et al

Filing 21

ORDER AS FOLLOWS: PLFF'S MOTION FOR PRELIMINARY INJUNCTIVE RELIEF IS DENIED; DEFTS' MOTION TO DISMISS IS GRANTED ON ALTERNATIVE GROUNDS; AND THE COMPLAINT IS DISMISSED WITHOUT PREJUDICE PURSUANT TO 28 U.S.C. SEC. 1915A AND 1915(e)(2) FOR FA ILURE TO STATE A CLAIM. PLFF IS GRANTED LEAVE TO FILE AN AMENDED COMPLAINT ON OR BEFORE 11/6/12. THE CLERK OF COURT IS DIRECTED TO CLOSE THIS CASE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 10/16/12. 10/17/12 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED. (fb)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
:
SEAN D. WOODSON
:
Plaintiff,
:
CIVIL ACTION
:
v.
:
NO. 12-973
:
RICHARD COLAJEZZI, et al.,
:
Defendants.
:
____________________________________:
ORDER
AND NOW, this 16th day of October 2012, upon consideration of Plaintiff’s Motion for
Preliminary Injunctive Relief (Doc. No. 10), Defendants’ Motion to Dismiss (Doc. Nos. 15, 16),
and Plaintiff’s response, and for the reasons stated in the Opinion filed this day, it is hereby
ORDERED as follows:
1.

Plaintiff’s Motion for Preliminary Injunctive Relief is DENIED;

2.

Defendants’ Motion to Dismiss is GRANTED on alternative grounds; and

3.

The Complaint is DISMISSED without prejudice pursuant to 28 U.S.C. §§
1915A and 1915(e)(2) for failure to state a claim.

Plaintiff is granted leave to file an amended complaint on or before November 6, 2012.
The Clerk of Court is direct to CLOSE this case.
It is so ORDERED.
BY THE COURT:
/s/ Cynthia M. Rufe
_____________________
CYNTHIA M. RUFE, J.