ANDREWS v. KENNEY et al

Filing 20

ORDER THAT DEFTS' SECOND MOTION TO DISMISS (DOC. NO. 15) IS GRANTED IN PART AND DENIED IN PART; DEFT'S SECOND MOTION TO DISMISS IS GRANTED SUCH THAT ANY AND ALL CLAIMS ASSERTED AGAINST DEFTS. JAMES KENNEY, MICHAEL NUTTER, MICHAEL RESNICK, A ND BLANCH CARNEY ARE DISMISSED WITHOUT PREJUDICE AND IT IS DENIED WITH RESPECT TO THE CONDITIONS OF CONFINEMENT CLAIM ASSERTED AGAINST DEFT. GERALD MAY; PLFF. MAY FILE A MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT ON OR BEFORE 7/14/17; AND IF PLFF. FILES A MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT, PLFF. MUST ATTACH A PROPOSED SECOND AMENDED COMPLAINT TO HIS MOTION.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 6/14/17. 6/15/17 ENTERED AND COPIES MAILED TO PRO SE PLFF., E-MAILED TO COUNSEL, 1 COPY TO LEGAL BIN.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
HAKIEM ANDREWS,
Plaintiff,
v.
JIM KENNEY, et al.,
Defendants.

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CIVIL ACTION

No. 16-1872

ORDER
AND NOW, this 14th day of June, 2017, upon consideration of Plaintiff’s Complaint
(Doc. No. 5), Plaintiff’s Amended Complaint (Doc. No. 14), Defendants’ First and Second
Motions to Dismiss (Doc. Nos. 8, 15), and Plaintiff’s Responses in Opposition (Doc. Nos. 9, 17),
it is hereby ORDERED that:
1.

Defendants’ Second Motion to Dismiss (Doc. No. 15) is GRANTED IN PART
AND DENIED IN PART;

2.

Defendants’ Second Motion to Dismiss is GRANTED such that any and all
claims asserted against Defendants James Kenney, Michael Nutter, Michael
Resnick, and Blanch Carney are DISMISSED WITHOUT PREJUDICE;

3.

Defendants’ Second Motion to Dismiss is DENIED with respect to the conditions
of confinement claim asserted against Defendant Gerald May;

4.

Plaintiff may file a motion for leave to file a second amended complaint on or
before July 14, 2017; and

5.

If Plaintiff files a motion for leave to file a second amended complaint, Plaintiff
must attach a proposed second amended complaint to his motion.

BY THE COURT:

S/Gene E.K. Pratter
GENE E.K. PRATTER
UNITED STATES DISTRICT JUDGE

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