SHAW v. NUTTER et al

Filing 18

ORDER THAT DEFENDANTS MOTION TO DISMISS (DOC. NO. 10) IS GRANTED AS TO DEFENDANT NUTTER BUT DENIED AS TO DEFENDANTS GIORLA AND FARRELL; DEFENDANTS MOTION TO DISMISS CLAIMS II AND III FOR FALURE TO STATE A CLAIM (DOC. NO.10) IS GRANTED AS TO ALL DEFEN DANTS; DEFENDANTS MOTION TO DISMISS FOR LACK OPF PROSECUTION (DOC. NO. 16) IS DENIED AND PLAINTIFF IS GIVEN LEAVE TO AMEND ONLY COUT II WITHIN THRITY(30) DAYS OF THIS ORDER. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 3/6/17. 3/7/17 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF AND E-MAILED. (jpd,)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________________
:
OMAR TYRICK SHAW,
:
:
Plaintiff,
:
CIVIL ACTION
:
v.
:
:
MICHAEL NUTTER
:
No. 15-1209
LOUIS GIORLA
:
MICHELLE FARRELL,
:
:
Defendants.
:
:

ORDER
AND NOW, this 6th day of March, 2017, upon consideration of “Defendants’ Motion to
Dismiss for Failure to State a Claim” (Doc. No. 10) and Defendants’ “Motion to Dismiss for
Lack of Prosecution” (Doc. No. 16), it is hereby ORDERED that:
-

Defendants’ motion to dismiss Claim I for failure to state a claim (Doc. No. 10) is
GRANTED as to Defendant Nutter, but DENIED as to Defendants Giorla and
Farrell;

-

Defendants’ motion to dismiss Claims II and III for failure to state a claim (Doc. No.
10) is GRANTED as to all Defendants;

-

Defendants’ motion to dismiss (Doc. No. 16) for lack of prosecution is DENIED; and

-

Plaintiff is given leave to amend only Count II within 30 (thirty) days of this Order.

BY THE COURT:
/s/ Mitchell S. Goldberg
____________________
Mitchell S. Goldberg, J.
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