BURTON v. NUTTER et al

Filing 12

ORDER THAT DEFENDANTS' "MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM" (DOC. NO. 7 ) IS GRANTED. PLAINTIFF IS GIVEN LEAVE TO FILE AND SERVE AN AMENDED COMPLAINT STATING A PLAUSIBLE CLAIM AGAINST DEFENDANTS UNDER 42 U.S.C. 1983 CONSISTENT WITH THE COURT'S OPINION ON OR BEFORE 10/30/2015. FAILURE TO DO SO WILL RESULT IN DISMISSAL OF THE ACTION. SIGNED BY HONORABLE NORMA L. SHAPIRO ON 9/29/2015. 9/29/2015 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED. (aeg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TONY BURTON
v.
MICHAEL NUTTER; LOUIS GIORLA;
and JOHN DELANEY

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CIVIL ACTION

No. 14-1203

ORDER
AND NOW, this 29th day of September, 2015, upon consideration of plaintiff’s
“Complaint,” defendants’ “Motion to Dismiss for Failure to State a Claim,” plaintiff’s “Response to
Defendants Motion to Dismiss," and for the reasons set forth in the accompanying memorandum of
today’s date, it is ORDERED that:
1. Defendants’ “Motion to Dismiss for Failure to State a Claim” (paper no. 7) is
GRANTED.
2. Plaintiff is given leave to file and serve an amended complaint stating a plausible claim
against defendants under 42 U.S.C. § 1983 consistent with the court’s opinion on or before
October 30, 2015. Failure to do so will result in dismissal of the action.

/s/ Norma L. Shapiro
J.