ROSARIO v. WILLIAMS et al

Filing 25

ORDERED FOR THE REASONS STATED IN A MEMORANDUM OF LAW BEARING TODAY'S DATE THAT THE DA DEFENDANTS' MOTION IS GRANTED, AND ALL CLAIMS AGAINST R. SETH WILLIAMS, LYNNE, ABRAHAM, JOHN DOYLE, AND EDWARD MCCANN ARE DISMISSED WITH PREJUDICE; THE W ARDEN DEFENDANTS' MOTION IS GRANTED, AND ROSARIO'S $ 1983 CLAIMS ABOUT JOHN P. DELANEY AND JOYCE ADAMS ARE DISMISSED WITH PREJUDICE; IT IS FURTHER ORDERED THAT THE CLERK OF COURT WILL ATTEMPT TO OBTAIN COUNSEL FOR THE PLAINTIFF FROM THE VOLUNTEER ATTORNEY PANEL. THIS CASE SHALL BE PLACED IN SUSPENSE WHILE COUNSEL IS IN SOUGHT. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 1/29/14. 1/30/14 ENTERED AND COPIES MAILED TO THE PLAINTIFF AND E-MAILED TO COUNSEL.(jaa, )

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

JOSE ROSARIO
v.
SETH WILLIAMS, et al.

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CIVIL ACTION

NO. 13-1945

ORDER
AND NOW, this 29th day of January, 2014, upon
consideration of the Motion to Dismiss of R. Seth Williams, the
District Attorney of Philadelphia, Former District Attorney
Lynne Abraham, ADA John Doyle, and ADA Edward McCann (the “DA
Defendants’ motion”) (Docket No. 6), Defendants Warden John P.
Delaney and Warden Joyce Adams’ Motion to Dismiss Complaint
Pursuant to Fed. Civ. P. 12(b)(6) (the “Warden Defendants’
motion”) (Docket No. 11), and the Rule 16 telephone conference
held on-the-record before the Court with the plaintiff and
defendants’ counsel on January 9, 2014, IT IS HEREBY ORDERED,
for the reasons stated in a memorandum of law bearing today’s
date, that:
1.

The DA Defendants’ motion is GRANTED, and all

claims against R. Seth Williams, Lynne Abraham, John Doyle, and
Edward McCann are dismissed with prejudice.

2.

The Warden Defendants’ motion is GRANTED, and

Rosario’s § 1983 claims against John P. Delaney and Joyce Adams
are dismissed with prejudice.1
IT IS FURTHER ORDERED that the Clerk of Court will
attempt to obtain counsel for the plaintiff from the volunteer
attorney panel.

This case shall be placed in suspense while

counsel is sought.

BY THE COURT:

/s/ Mary A. McLaughlin
MARY A. McLAUGHLIN, J.

1

The Court notes that because the Warden Defendants have
not moved to have any of Rosario’s state law claims dismissed
under Rule 12(b)(6), those claims will therefore proceed.
2