FABIAN v. UNITED STATES OF AMERICA

Filing 11

ORDERED THAT DEFENDANT'S MOTION TO DISMISS (DOCKET NO. 8) IS DENIED. PLAINTIFF MUST RESUBMIT ANY EXHIBITS ATTACHED TO HIS COMPLAINT BY OCTOBER 21, 2013. PLAINTIFF SHALL FILE A CERTIFICATE OF MERIT BY DECEMBER 6, 2013 OR HIS COMPLAINT MAY BE SUBJECT TO DISMISSAL WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE. SIGNED BY HONORABLE GENE E.K. PRATTER ON 10/7/13. 10/7/13 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF AND E-MAILED TO COUNSEL.(rab, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
FRANCISCO FABIAN

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Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

CIVIL ACTION

No. 13-1656

ORDER
AND NOW, this 7th day of October, 2013, upon consideration of the United States’
Motion to Dismiss Plaintiff Francisco Fabian’s Complaint for failure to file a certificate of merit
(Docket No. 8) and Mr. Fabian’s Response thereto (Docket No. 9), the Court HEREBY
ORDERS that:
1.

The Government’s Motion to Dismiss (Docket No. 8) is DENIED;

2.

Mr. Fabian MUST RESUBMIT any exhibits attached to his Complaint by
Monday, October 21, 2013; 1 and

3.

Mr. Fabian SHALL FILE A CERTIFICATE OF MERIT by Friday,
December 6, 2013, or his Complaint may be subject dismissal without prejudice
for failure to prosecute.
BY THE COURT:

S/Gene E.K. Pratter
GENE E.K. PRATTER
United States District Judge

1

Mr. Fabian makes reference to exhibits in his Complaint, including, of relevance here, to
Exhibit 3 (Dr. Scott F. Giberman’s notes). Neither the Docket nor the Court’s file contains these
exhibits.