JOHNSON v. THOMAS et al

Filing 10

MEMORANDUM ORDER THAT DEFENDANTS' MOTION TO DISMISS (DOC. NO. 6 ), IS DENIED. IN LIGHT OF PLAINTIFF'S FILING AN AMENDED COMPLAINT, DEFENDANTS' EARLIER MOTION TO DISMISS (DOC. NO. 3 ), IS DENIED AS MOOT. SIGNED BY HONORABLE ROBERT F. KELLY ON 2/1/2017. 2/1/2017 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
:
CIVIL ACTION
STEVEN JOHNSON,
:
:
Plaintiff,
:
:
v.
:
No. 16-5188
:
CHRISTOPHER THOMAS, et al.,
:
:
Defendants.
:
_________________________________________ :
ORDER
AND NOW, this 1st day of February, 2017, upon consideration of Defendants,
Christopher Thomas and City of Philadelphia’s Motion to Dismiss Plaintiff’s Amended
Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) (Doc. No. 6), Plaintiff, Steven
Johnson’s Response in Opposition thereto, and Defendants’ Reply, it is hereby ORDERED that
the Motion is DENIED. In light of Plaintiff’s filing of an Amended Complaint, it is hereby
ORDERED that Defendants’ earlier Motion to Dismiss (Doc. No. 3) is also DENIED as
MOOT.

BY THE COURT:

/s/ Robert F. Kelly
ROBERT F. KELLY
SENIOR JUDGE