WILLIAMS v. SMINKEY et al

Filing 26

ORDER THAT DEFENDANTS MOTION TO SUBSTITUTE (DOC. NO. 24) IS GRANTED. THE EXHIBITS ATTACHED TO OFFICER WILSBACH'S MOTION TO DISDMISS (DOC. NO. 12) ARE HEREBY STRICKEN AND REPLACED BY THE EXHIBITS ATTACHED TO THE MOTION TO SUBSTITUTE. DEFENDANT� 39;S MOTION TO DISMISS (DOC. NO. 12) IS GRANTED. THE CLAIMS AGAINST DEFENDANT WILSBACH ARE DISMISSED WITHOUT PREJUDICE. DEFENDANTS MOTION TO DISMISS (DOC. NO. 19) IS GRANTED IN PART AND DENIED IN PART. ALL CALIMS AGAINST DEFENDANT LYDON ARE DISMISSED WITHOUT PREJUDICE. PLAINTIFF'S CALIMS FOR FALSE ARREST, FALSE INPRISONMENT, MALKICIOUS PROSECUTION AND DUE PROCESS VIOLATIONS ARE DISMISSED WITHOUT PREJUDICE. PLAINTIFF'S CLAIMS FOR UNLAWFUL SEIZURE OF HIS PROPERTY ARE NOT DISMISSED. ALL C ALIMS AGAINST DEFENDANT CAMPBELL ARE DISMISSED WITHOUT PREJUDICE. PLAINTIFF MAY FILE A MOTION TO AMENDE HIS COMPLAINT NO LATER THAN TWENTY ONE (21) DAYS FROM THE DATE OF THIS ORDER. SIGNED BY HONORABLE GENE E.K. PRATTER ON 1/13/16. 1/14/16 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
NORRIS WILLIAMS,
Plaintiff,
v.
WILLIAM T. SMINKEY, et al.,
Defendants.

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CIVIL ACTION

NO. 13-2057

ORDER
AND NOW, this 13th day of January, 2016, upon consideration of Defendant Robert
Wilsbach’s Motion to Dismiss (Docket No. 12), Plaintiff’s Opposition thereto (Docket No. 20),
Defendants C. T. Lydon, Michael Pecko, and William Sminkey’s Motion to Dismiss (Docket
No. 19), and Defendant Robert Wilsbach’s Motion to Substitute Exhibits (Docket No. 24), it is
hereby ORDERED that:
1. Defendant Robert Wilsbach’s Motion to Substitute Exhibits (Docket No. 24) is
GRANTED. The Exhibits attached to Officer Wilsbach’s Motion to Dismiss
(Docket No. 12-1) are hereby STRICKEN and replaced by the exhibits attached to
the Motion to Substitute. 1
2. Defendant Robert Wilsbach’s Motion to Dismiss (Docket No. 12) is GRANTED.
The claims against Officer Wilsbach are DISMISSED without prejudice.
3. Defendants C. T. Lydon, Michael Pecko, and William Sminkey’s Motion to Dismiss
(Docket No. 19) is GRANTED in part and DENIED in part. All claims against
Defendant C.T. Lydon are DISMISSED without prejudice. Mr. Williams’s claims
for false arrest, false imprisonment, malicious prosecution, and due process violations
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As is more fully discussed in the Memorandum accompanying this Order, the Court’s granting of this
Motion should not be interpreted as approval or acceptance of the propriety of submitting exhibits for
consideration with a motion to dismiss.

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against all Defendants are DISMISSED without prejudice. Mr. Williams’s claims
for unlawful seizure of his property are not dismissed.
4. All claims against Defendant Campbell are DISMISSED without prejudice.
5. Mr. Williams may file a motion to amend his Complaint no later than 21 days from
the date of this Order. Any motion to amend should include a proposed amended
complaint and should summarize for the Court any newly-added allegations.
BY THE COURT:

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

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