LEE v. NUTTER et al

Filing 35

OPINION/ORDER THAT DEFENDANTS' MOTIONS, ECF NOS. 13 AND 30 ARE GRANTED. PLAINTIFF MICHAEL LEE'S CLAIMS AGAINST DEFENDANTS NUTTER, GIROLA, FARRELL, AND BLACK ARE DISMISSED WITHOUT PREJUDICE. LEE IS GRANTED LEAVE TO FILE AN AMENDED COMPLAINT, CONSISENT WITH THE MEMORANDUM ISSUED THIS DATE, NO LATER THAN JANUARY 13, 2017. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 12/16/16. 12/16/16 ENTERED AND COPIES MAILED TO PRO SE' AND E-MAILED. (ky, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA __________________________________________ MICHAEL LEE, : : : v. : : MICHAEL NUTTER, Mayor of Philadelphia; : LOUIS GIOLA, Comm. of PPS; : M. FARRELL, Warden of CFCF; : HUDGINS, C/O at CFCF; : SUTTON, C/O at CFCF; BLACK, C/O at CFCF, : Defendants. : __________________________________________ Plaintiff, No. 2:16-cv-00068 ORDER AND NOW, this 16th day of December, 2016, upon consideration of Defendants Nutter, Girola, and Farrell’s Motion to Dismiss, ECF No. 13, and Defendant Black’s Motion to Dismiss, ECF No. 30, and for the reasons set forth in the Memorandum issued this date, IT IS ORDERED THAT: 1. Defendants’ Motions, ECF Nos. 13, 30, are GRANTED; 2. Plaintiff Michael Lee’s claims against Defendants Nutter, Girola, Farrell, and Black are DISMISSED without prejudice; 3. Lee is GRANTED LEAVE to file an amended complaint, consistent with the Memorandum issued this date, no later than January 13, 2017. BY THE COURT: /s/ Joseph F. Leeson, Jr.___________ JOSEPH F. LEESON, JR. United States District Judge

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