BROWER v. PHILADELPHIA PRISON SYSTEM et al

Filing 48

ORDER THAT DEFENDANT'S MOTION TO DISMISS (DOC. NO. 32) IS DENIED AS TO JEAN PANTAL, DEANNA PETWAY, AND DR. BRUCE BALTT; GRANTED WITH PREJUDICE AS TO THE CITY OF PHILADELPHIA, CORIZON HEALTH SSERVICES, AND GRANTED WITHOUT PREJUDICE AS TO ELMEADA FRIAS AND SEAN DECKER; PLAINTIFF MAY FILE A SECIND AMENDED COMPLAINT AS TO FRIAS AND DECKER ON OR BEFORE 10/20/16. IF HE FAILS TO DO SO THE CLAIMS AGAINST FRIAS AND DECKER WILL BE DISMISSED WITH PREJUDICE. SIGNED BY HONORABLE GERALD J. PAPPERT ON 9/20/16. 9/21/16 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF AND E-MAILED. (jpd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PHILLIP BROWER,
Plaintiff,

CIVIL ACTION
NO. 15-5039

v.
CORIZON HEALTH SERVICES INC., et al.,
Defendants.
ORDER

AND NOW, this 20th day of September, 2016, upon consideration of Defendants’
Motion to Dismiss (ECF No. 32) and Phillip Brower’s (“Brower”) Response (ECF No. 38), it is
ORDERED that the motion is DENIED as to Jean Pantal (“Pantal”), Deanna Petway
(“Petway”), and Dr. Bruce Blatt (“Dr. Blatt”); GRANTED with prejudice as to the City of
Philadelphia (“the City”), Corizon Health Services (“Corizon”); and GRANTED without
prejudice as to Elmeada Frias (“Frias”) and Sean Decker (“Decker”).
Brower may file a second amended complaint as to Frias and Decker on or before
October 20, 2016. If he fails to do so, the claims against Frias and Decker will be dismissed with
prejudice.

BY THE COURT:

/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.