HENDERSON v. THE CITY OF PHILADELPHIA

Filing 6

MEMORANDUM AND ORDER THAT THE DEFENDANTS' MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT IS GRANTED AND PLAINTIFFS' AMENDED COMPLAINT IS DISMISSED. CONSISTENT WITH THE ACCOMPANYING MEMPRANDUM OF LAW, AND TO THE EXTENT THAT SHE CAN ALLEGE FA CTS SUFFICIENT TO STATE A CLAIM AGAINST DEFENDANT UNDER 28 U.S.C. 1983, PLAINTIFF IS PERMITTED TO FILE A SECOND AMENDED COMPLAINT ON OR BEFORE 8/10/2012. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 7/23/2012. 7/24/2012 ENTERED AND COPIES E-MAILED. (kk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DOMINIQUE HENDERSON,
as administratrix of the estate
of Yvette Henderson, deceased
v.
CITY OF PHILADELPHIA

:
:
:
:
:
:
:

CIVIL ACTION
NO. 12-2602

ORDER
AND NOW, this 23rd day of July, 2012, upon consideration of the motion of defendant
City of Philadelphia to dismiss plaintiff Dominique Henderson’s amended complaint and
plaintiff’s response, it is ORDERED that the motion is GRANTED and plaintiff’s amended
complaint is dismissed. Consistent with the accompanying memorandum of law, and to the
extent that she can allege facts sufficient to state a claim against defendant under 28 U.S.C.
§ 1983, plaintiff is permitted to file a second amended complaint on or before August 10, 2012.

s/ Thomas N. O’Neill, Jr.
THOMAS N. O’NEILL, JR., J.