MIRRA v. FYNES et al

Filing 7

ORDER THAT PLAINTIFF'S CLAIMS AGAINST DEFENDANT JOHN LUNDELL ARE DISMISSED. PLAINTIFF'S CLAIMS AGAINST DARBY TOWNSHIP ARE DISMISSED. BY 3/17/14 PLAINTIFF IS PERMITTED TO FILE AN AMENDED COMPLAINT; ETC.. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 2/25/14. 2/25/14 ENTERED AND E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SAMUEL A. MIRRA
v.
DANIEL FYNES, et al.

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CIVIL ACTION
No. 13-1677

ORDER
AND NOW, this 25th day of February, 2014, upon consideration of defendants officer
Daniel Fynes, detective John Lundell and Darby Township’s motion to strike and partially
dismiss (Dkt. No. 4), and plaintiff Samuel Mirra’s response thereto (Dkt. No. 5) it is ORDERED
that defendant’s motion is GRANTED as follows:
1.

Plaintiff’s claims against defendant John Lundell are DISMISSED.

2.

Plaintiff’s claims against defendant Daniel Fynes for false arrest, false

imprisonment and malicious prosecution in Counts I, II, III, and VII of his complaint are
DISMISSED.
3.

Plaintiff’s claims against Darby Township are DISMISSED.

It is FURTHER ORDERED that on or before March 17, 2014, plaintiff is permitted to
file an amended complaint to the extent that he is able to allege facts sufficient to support his
dismissed claims.
___/s/ Thomas O’Neill_______
THOMAS N. O’NEILL, JR., J.