PARHAM v. MAY

Filing 39

ORDERED THAT MOTIONS TO DISMISS FOR FAILURE TO STATE (DOC. NOS. 29, 32, 36) ARE GRANTED IN ACCORDANCE WITH THIS COURT'S ACCOMPANYING MEMORANDUM. IT IS FURTHER ORDERED THAT ON OR BEFORE 4/12/19 PLAINTIFF SHALL FILE A THIRD AMENDED COMPLAINT. IN T HE EVENT THAT PLAINTIFF ELECTS TO NOT FILE ATHIRD AMENDED COMPLAINT, THE SECOND AMENDED COMPLAINT SHALL BE DISMISSED WITH PREJUDICE AS TO ALL DEFENDANTS. SIGNED BY HONORABLE C. DARNELL JONES, II ON 3/28/19. 3/29/19 ENTERED AND COPIES E-MAILED.(jpd, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA KAWAAN PARHAM, Plaintiff, : : : : : : : v. WARDEN GERALD MAY, Defendant. CIVIL ACTION NO.: 16-6148 ORDER AND NOW, this 28th day of March, 2019, upon consideration of the individual Motions to Dismiss for Failure to State a Claim filed by Defendants Warden Gerald May, Officer Roseberry, and Officer Velazquez (collectively, the “Defendants”), and any responses thereto (ECF Nos. 29, 32, 36), it is hereby ORDERED that said Motions are GRANTED in accordance with this Court’s accompanying Memorandum. It is further ORDERED that on or before April 12, 2019, Plaintiff shall file a Third Amended Complaint. In the event Plaintiff elects not to do so, the Second Amended Complaint shall be dismissed with prejudice as to all Defendants.  BY THE COURT: /s/ C. Darnell Jones, II C. DARNELL JONES, II J.

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