SHAW v. NUTTER et al

Filing 7

ORDER THAT PLAINTIFF'S COMPLAINT IS DISMISSED FOR FAILURE TO STATE A CLAIM. PLAINTIFF'S CLAIMS AGAINST THE DEFENDANTS ARE DISMISSED WITHOUT PREJUDICE. PLAINTIFF IS GRANTED LEAVE TO FILE AN AMENDED COMPLAINT ON OR BEFORE 11/2/15. IF PLAINTIF F FILES AN AMENDED COMPLAINT HE SHALL NAME ALL DEFENDANTS IN THE CAPTION AND BODY OF THE AMENDED COMPLAINT. IF PLAINTIFF FAILS TO FILE AN AMENDED COMPLAINT THE COURT WILL DISMISS THIS ACTION. THE CLERK OF COURT SHALL NOT ISSUE SUMMONSES AND THE U.S. MARSHALS SERVICE SHALL NOT MAKE SERVICE OF THE AMENDED COOMPLAINT UNTIL SO ORDERED BY THE COURT. THE CLERK OF COURT SHALL CLOSE THIS CASE FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE NORMA L. SHAPIRO ON 10/1/15. 10/2/15 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND DEFENDANTS. (jpd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
OMAR TYRICK SHAW
v.
MICHAEL NUTTER; LOUIS GIORLA;
and M. FARRELL

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CIVIL ACTION

No. 15-1209

ORDER
AND NOW, this 1st day of October 2015, having considered plaintiff's complaint, and for
the reasons set forth in the accompanying memorandum of today’s date, it is ORDERED that:
1. Plaintiff’s complaint is DISMISSED for failure to state a claim under 28 U.S.C. §
1915(e)(2)(B)(ii).
2. Plaintiff’s claims against defendants are DISMISSED WITHOUT PREJUDICE.
3. Plaintiff has leave to file an amended complaint by or before NOVEMBER 2, 2015.
4. If plaintiff files an amended complaint, he shall name all defendants in the caption and body of
the amended complaint. If plaintiff fails to file an amended complaint, the court will dismiss this
action.
5. The Clerk of Court shall not issue summons and the U.S. Marshals Service shall not make service
of the summons and amended complaint until so ordered by the court.
6. The Clerk of Court shall CLOSE this action for statistical purposes.
/s/ Norma L. Shapiro
J.