JACKSON v. CITY OF PHILADELPHIA et al

Filing 57

ORDER THAT MOVING DEFTS' MOTION TO DISMISS IS GRANTED; PLFF'S THIRD AMENDED COMPLAINT IS DISMISSED WITH PREJUDICE ONLY AS TO DEFT. JOHNSON; PLFF'S THIRD AMENDED COMPLAINT IS DISMISSED WITHOUT PREJUDICE AS TO DEFTS. MURRAY, MOONEY, AND ALL REMAINING PREVIOUSLY NAMED DEFTS.; AND PLFF. IS PERMITTED TO SEEK LEAVE TO FILE A FOURTH AMENDED COMPLAINT WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS ORDER.. SIGNED BY HONORABLE C. DARNELL JONES, II ON 2/22/19. 2/22/19 ENTERED AND COPIES E-MAILED TO COUNSEL.(pr, )

I~ THE UNITED STATES DISTRICT COCRT
FOR THE EASTER.~ DISTRICT OF PENNSYLVANIA
DANTE JACKSON,
Plaintiff
V.

F\LED
FEB 2 L :20\9

Civil Action
No. 16-3892

KATE BARKM~~~~rk

CITY OF PHILADELPHIA, et al.~Y---Defendants.
ORDER
AND :SOW, this)) 1-ay of February, 2019, upon consideration of: Plaintiffs Third
Amended Complaint (ECF No. 27), Defendants Murray, Mooney, and Johnson (Moving
Defendants)'s Motion to Dismiss (ECF ;\O. 41 ), and Plaintiffs Response in Opposition (ECF
No. 44), it is hereby ORDERED as follows:
(1) Moving Defendants' Motion to Dismiss is GRANTED;

(2) Plaintiffs Third Amended Complaint is DISMISSED WITH PREJUDICE ONLY AS
TO Defendant Johnson;
(3) Plaintiffs Third Amended Complaint is DISMISSED WITHOuT PREJuDICE AS TO
Defendants Murray, Mooney, and all remaining previously named defendants; and,
(4) Plaintiff is PERMITTED TO SEEK LEAVE to file a Fourth Amended Complaint within
twenty-one (21) days of the date of this Order. Any such motion shall remedy only the
deficiencies discussed in the accompanying memorandum. Failure by Plaintiff to seek
leave to amend shall result in dismissal with prejudice as to all Moving Defendants here,
and reinstatement of Plaintiffs Third Amended Complaint as to all remaining previously
named defendants.

BY THE COURT:

J.