MASON et al v. THE CITY OF PHILADELPHIA POLICE DEPARTMENT et al

Filing 64

ORDER THAT THIRD CORSA, INC.'S MOTION TO DISMISS IS GRANTED. DEFENDANTS JOHN & JANE DOES (THE PHILADELPHIA ANIMAL CONTROL UNIT, IT'S OFFICER(S), IN THEIR OFFICIAL AND PRIVATE CAPACITY) and THIRD CORSA, INC. (AKA FIRST CORSA INC DBA ELAINE LUCKIN & LENNY LUCKIN, IN THEIR PERSONAL & PRIVATE CAPACITY) ARE HEREBY DISMISSED AS PLAINTIFFS IN THIS ACTION.SIGNED BY HONORABLE ROBERT F. KELLY ON 9/10/2014. 9/10/2014 ENTERED AND COPIES MAILED TO PRO SE AND UNREPS, E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
:
FLORENCE ELIZABETH MASON, et al.,
:
CIVIL ACTION
:
Plaintiffs,
:
:
v.
:
No. 13-5163
:
THE CITY OF PHILADELPHIA, et al.,
:
:
:
Defendants.
:
__________________________________________:
ORDER
AND NOW, this 10th day of September, 2014, upon consideration of Defendants,
Third Corsa, Inc., Elaine Luckin, and Lenny Luckin’s, pro se Motion to Dismiss the Complaint
of Florence Elizabeth Mason, in her own right and on behalf of, Vincent T. Mason, Jr., and
Crystal Mason (Doc. No. 49), it is hereby ORDERED that said Motion is GRANTED.1
It is FURTHER ORDERED that Defendants, the Philadelphia Animal Control Unit, and
its Officers John and Jane Doe are DISMISSED as Plaintiffs in this action.

BY THE COURT:

/s/ Robert F. Kelly
ROBERT F. KELLY
SENIOR JUDGE

1

As noted in the accompanying Memorandum Opinion, Defendant, Elaine Luckin, as a pro se
litigant, cannot represent Defendant, Lenny Luckin, in this action. See Osei-Afriyie ex rel. Osei-Afriyie
v. Med. Coll. of Pa., 937 F.2d 876, 882-83 (3d Cir. 1991). We, however, dismiss sua sponte all claims
against Defendant, Lenny Luckin pursuant to 28 U.S.C. § 1915(e)(2) for Plaintiff’s failure to state a
claim against him for which relief may be granted. See 28 U.S.C. § 1915(e)(2).