VANGOETHEM v. LAWTON et al

Filing 14

OPINION/ORDER THAT DEFENDANT LAWTON'S MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT WILL BE GRANTED AND DEFENDANT LAWTON IS DISMISSED FROM THIS ACTION WITH PREJUDICE; THE AMENDED COMPLAINT IS DISMISSED WITHOUT PREJUDICE AS TO DEFENDANT CO RIZON MEDICAL DIRECTOR; PLAINTIFF SHALL FILE A SECOND AMENDED COMPLAINT IN THIRTY (30) DAYS AS TO CORIZON MEDICAL DIRECTOR ONLY, IF HE CAN DO SO IN ACCORDANCE WITH THE FEDERAL RULES OF CIVIL PROCEDURE, ETC. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 3/20/15. 3/20/15 ENTERED AND COPIES MAILED TO PRO SE' AND E-MAILED.(ky, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA PATRICK VANGOETHEM, Plaintiff, v. CIVIL ACTION NO. 13-6696 WILLIAM LAWTON and CORIZON MEDICAL DIRECTOR, Defendants. ORDER AND NOW, this 20th day of March, 2015, upon consideration of Plaintiff’s Amended Complaint, and the Motion to Dismiss filed by Defendant William Lawton, it is hereby ORDERED as follows: 1. The Motion to Dismiss of Defendant, William Lawton (Docket No. 12) is GRANTED and Defendant Lawton is dismissed from this action with prejudice; 2. The Amended Complaint is DISMISSED without prejudice as to Defendant, Corizon Medical Director; 3. Plaintiff may file a second amended complaint as to Defendant Corizon Medical Director ONLY within thirty (30) days of the date of this order if he can do so in accordance with the Federal Rules of Civil Procedure and if federal jurisdiction exists; and 4. If Plaintiff chooses to file a Second Amended Complaint as to Corizon Medical Director, a summons is to issue, and service of the summons and Second Amended Complaint shall be made upon Corizon by the U.S. Marshals Service. BY THE COURT: /s/ Jeffrey L. Schmehl Jeffrey L. Schmehl, J. 2

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