MORRIS v. WENEROWICZ et al

Filing 12

OPINION/ORDER THAT THE MOTION TO DISMISS (DOC. NO. 8) IS GRANTED; THE MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT (DOC. NO. 9) IS DENIED; THE CAUSES OF ACTION AGAINST DR. BLATT AND THE FICTITOUS DEFENDANTS, JOHN DOE AND ROBERT DOE, ARE DISMISSED WITH PREJUDICE UNDER 28 U.S.C. 1915(e)(2)(B); AND THE CLERK OF COURT IS DIRECTED TO CLOSE THIS CASE. SIGNED BY HONORABLE EDWARD G. SMITH ON 3/16/16. 3/16/16 ENTERED AND COPIES MAILED TO PRO SE', UNREP AND E-MAILED.(ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TYREE MORRIS,
Plaintiff,
v.
MICHAEL WENEROWICZ, JOHN
WETZEL, JOSEPH C. KORSZNIAK,
BLATT, JOHN DOE, ROBERT DOE,
Defendants.

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CIVIL ACTION NO. 15-5969

ORDER
AND NOW, this 16th day of March, 2016, after considering the motion to dismiss filed
by the defendants, Michael Wenerowicz (“Wenerowicz”), John Wetzel (“Wetzel”), and Joseph
C. Korszniak (“Korsniak”) (Doc. No. 8) and the motion for leave to file an amended complaint
filed by the pro se plaintiff, Tyree Morris (Doc. No. 9); and after reviewing the complaint (Doc.
No. 3); and for the reasons set forth in the accompanying memorandum opinion, it is hereby
ORDERED as follows:
1.

The motion to dismiss (Doc. No. 8) is GRANTED as follows:
a.

The motion to dismiss, insofar as the moving defendants seek to have the

court dismiss the causes of action against Korszniak and Wetzel, is GRANTED with the
plaintiff’s consent and the causes of action against Korszniak and Wetzel are DISMISSED
WITHOUT PREJUDICE; and
b.

The motion to dismiss, insofar as the moving defendants seek to have the

court dismiss the causes of action against Wenerowicz in his official and individual capacities, is
GRANTED and the causes of action against Wenerowicz are DISMISSED WITH
PREJUDICE.

2.

The motion for leave to file an amended complaint (Doc. No. 9) is DENIED;

3.

The causes of action against Dr. Blatt and the fictitious defendants, John Doe and

Robert Doe, are DISMISSED WITH PREJUDICE under 28 U.S.C. § 1915(e)(2)(B); and
4.

The clerk of court is directed to CLOSE this case.

BY THE COURT:

/s/ Edward G. Smith
EDWARD G. SMITH, J.

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