WELLS v. PEREZ et al

Filing 36

ORDER THAT DEFENDANTS MAYOR AND CITY COUNCILS MOTION TO DISMISS, ECF NO. 25 , IS GRANTED. WELLSS CLAIMS AGAINST THESE DEFENDANTS ARE DISMISSED WITHOUT PREJUDICE. WELLS WILL BE PERMITTED LEAVE TO AMEND HIS COMPLAINT WITH RESPECT TO THESE DEFENDANTS. HOWEVER, IN VIEW OF THE COURTS DECISION TO REFER THIS MATTER TO THE PRISONER CIVIL RIGHTS PANEL AND TO STAY ALL PROCEEDINGS WHILE WELLSS CASE IS PENDING BEFORE THE PANEL (SEE BELOW) THE COURT WILL NOT SET A DEADLINE FOR AMENDMENT AT THIS TIME. WELLSS MOTION FOR SUMMARY JUDGMENT, ECF NO. 29 , IS DENIED WITHOUT PREJUDICE TO RENEW FOLLOWING THE CLOSE OF DISCOVERY. WELLSS MOTION FOR AN ORDER COMPELLING DISCOVERY, ECF NO. 32 , IS DENIED AS MOOT. WELLSS MOTION FOR APPOINTMENT OF COUNSEL, ECF NO. [30 ], IS GRANTED IN PART, SOLELY TO THE EXTENT THAT THE COURT IS REFERRING THIS CASE TO THIS DISTRICTS PRISONER CIVIL RIGHTS PANEL TO ATTEMPT TO FIND A VOLUNTEER ATTORNEY WILLING TO REPRESENT WELLS. THIS CASE IS STAYED DURING THE TIME THAT WELLSS REQUES T FOR COUNSEL IS PENDING BEFORE THE PRISONER CIVIL RIGHTS PANEL. ACCORDINGLY, THE CLERK OF COURT SHALL TRANSFER THE ABOVE-CAPTIONED ACTION TO THE CIVIL SUSPENSE DOCKET, AND MARK THE CASE CLOSED FOR STATISTICAL PURPOSES. THE COURT SHALL RETAIN JURISDI CTION OVER THE CASE AND SHALL RETURN IT TO THE COURTS ACTIVE DOCKET ONCE THE CASE IS READY TO PROCEED TO DISPOSITION. THE ENTRY OF THIS ORDER IS WITHOUT PREJUDICE TO THE RIGHTS OF THE PARTIES. THE CLERK OF COURT IS DIRECTED TO ADD DEFENDANT PHILADELP HIA POLICE DEPARTMENT TO THE DOCKET. THE DEPARTMENT IS REPRESENTED BY ATTORNEY MEGHAN E. CLAIBORNE OF THE CITY OF PHILADELPHIA SOLICITORS OFFICE. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 10/20/17. 10/23/17 ENTERED AND COPIES MAILED TO UNREPS, E-MAILED.(mas, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
OTTO WELLS,

:
:
Plaintiff,
:
:
v.
:
:
PHILADELPHIA POLICE DEPARTMENT;
:
EDWIN PEREZ; TIMOTHY GIBSON;
:
MAYOR OF PHILADELPHIA; and
:
PHILADELPHIA CITY COUNCIL,
:
:
Defendants.
:
__________________________________________

No. 2:16-cv-02687

ORDER
AND NOW, this 20th day of October, 2017, upon consideration of Defendants Mayor
and City Council’s Motion to Dismiss, ECF No. 25; Plaintiff Otto Wells’s Motion for Summary
Judgment, ECF No. 29; Wells’s Motion for Appointment of Counsel, ECF No. 30; and Wells’s
Motion for an Order Compelling Discovery, ECF No. 32, and for the reasons set forth in the
accompanying Opinion issued this date, IT IS ORDERED THAT:
1. Defendants Mayor and City Council’s Motion to Dismiss, ECF No. 25, is GRANTED.
Wells’s claims against these Defendants are DISMISSED without prejudice. Wells will
be permitted leave to amend his complaint with respect to these Defendants. However, in
view of the Court’s decision to refer this matter to the Prisoner Civil Rights Panel and to
stay all proceedings while Wells’s case is pending before the Panel (see below) the Court
will not set a deadline for amendment at this time.
2. Wells’s Motion for Summary Judgment, ECF No. 29, is DENIED without prejudice to
renew following the close of discovery.

3. Wells’s Motion for an Order Compelling Discovery, ECF No. 32, is DENIED as moot.
4. Wells’s Motion for Appointment of Counsel, ECF No. 30, is GRANTED in part, solely
to the extent that the Court is referring this case to this district’s Prisoner Civil Rights
Panel to attempt to find a volunteer attorney willing to represent Wells.
5. This case is STAYED during the time that Wells’s request for counsel is pending before
the Prisoner Civil Rights Panel. Accordingly, the Clerk of Court shall TRANSFER the
above-captioned action to the Civil Suspense Docket, and MARK the case CLOSED for
statistical purposes. The Court shall RETAIN jurisdiction over the case and shall
RETURN it to the Court’s active docket once the case is ready to proceed to disposition.
The entry of this Order is without prejudice to the rights of the parties.
6. The Clerk of Court is DIRECTED to add Defendant Philadelphia Police Department to
the docket. The Department is represented by Attorney Meghan E. Claiborne of the City
of Philadelphia Solicitor’s Office.

BY THE COURT:

/s/ Joseph F. Leeson, Jr._____________
JOSEPH F. LEESON, JR.
United States District Judge

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