CREDICO v. BOKHARI et al

Filing 30

OPINION/ORDER THAT DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S COMPLAINT (DOC. NO. 19) IS GRANTED. PLAINTIFF'S MOTION FOR CROSS-MOTION FOR SUMMARY JUDGMENT (DOC. NO. 22) IS DENIED. PLAINTIFF MAY FILE AND AMENDED COMPLAINT WITHIN THIRTY DAYS AGAINST DEFENDANT BOKHARI ONLY. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 7/6/17. 7/7/17 ENTERED AND COPIES MAILED TO PRO SE' AND E-MAILED. (ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JUSTIN CREDICO,
CIVIL ACTION
NO. 16-3726

Plaintiff,
v.
FDC PHILA MLP BOKHARI, FDC PHILA HHS
CMDR BAKER, and FDC PHILA CMDR
MURPHY,
Defendants.
ORDER

AND NOW, this 6th day of July, 2017, upon consideration of Defendants’
Motion to Dismiss Plaintiff’s Complaint, or in the Alternative for Summary Judgment
(Docket No. 19), Plaintiff’s “Cross-Motion for Summary Judgment” (Docket No. 22),
and all responses, replies and exhibits filed by both parties, it is hereby ORDERED as
follows:
1. Defendants’ Motion to Dismiss Plaintiff’s Complaint (Docket No. 19)
is GRANTED;
2. Plaintiff’s Complaint is DISMISSED with prejudice as to Defendants
Baker-Bartlett and Murphy as they are immune from suit in this matter, and without
prejudice as to Defendant Bokhari;
3. Plaintiff may file an Amended Complaint within thirty (30) days
against Defendant Bokhari ONLY if he can do so in compliance with the Federal Rules
of Civil Procedure; and

4. Plaintiff’s “Cross-Motion for Summary Judgment” (Docket No. 22) is
DENIED.
BY THE COURT:

/s/ Jeffrey L. Schmehl
Jeffrey L. Schmehl, J.

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