NELLOM et al v. DARBY BOROUGH et al

Filing 19

ORDER THAT DEFENDANTS MOTION TO DISMISS IS GRANTED. THIS ACTION IS DISMISSED. PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION IS DENIED. THE CLERK OF COURT IS DIRECTED TO MARK THIS CASE CLOSED; ETC.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 12/13/12. 12/14/12 ENTERED AND COPIES MAILED TO UNREP AND PRO SE, E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
FRANK NELLOM, FRANK NELLOM :
& CO.,
:
Plaintiffs,
:
CIVIL ACTION NO. 12-4627
:
v.
:
:
DARBY BOROUGH, et al.
:
Defendants.
:
____________________________________ :
ORDER
AND NOW, this 13th day of December 2012, upon review of Plaintiff’s Motion for
Preliminary Injunction [Doc. No. 10] and Defendants’ response thereto [Doc. No. 12],
Defendants’ Motion to Dismiss [Doc. No. 11], to which there was no response, and Plaintiff’s
Motion for Summary Judgment [Doc. No. 14], Defendants’ response [Doc. No. 16], and
Plaintiff’s brief in support [Doc. No. 17], and for the reasons set forth in the accompanying
Memorandum Opinion, it is hereby ORDERED that:
1. Defendants’ Motion to Dismiss is GRANTED. This action is dismissed, in its
entirety, with prejudice, for failure to state a claim on which relief can be granted.
2. Plaintiff’s Motion for Preliminary Injunction is DENIED.
3. Because the Complaint is dismissed with prejudice for failure to state a claim,
Plaintiff’s Motion for Summary Judgment is DISMISSED AS MOOT.
The Clerk of Court is DIRECTED to mark this case CLOSED.
It is so ORDERED.
BY THE COURT:

/s/ Cynthia M. Rufe
____________________________
CYNTHIA M. RUFE, J.