STOCK v. BRASWELL et al

Filing 9

ORDER THAT ALL CLAIMS AGAINST DEFENDANT PENNSYLVANIA BOARD OF PROBATION AND PAROLE ARE DISMISSED WITH PREJUDICE; ALL CLAIMS AGAINST OFFICER BRASWELL IN HER OFFICIAL CAPACITY ARE DISMISSED WITH PREJUDICE; DEFENDANTS MOTION TO DISMISS PLAINTIFFS SIXT H CAUSE OF ACTION SHALL BE GRANTED; THE SECOND AND SEVENTH CAUSES OF ACTION AS CONTAINED IN PLAINTIFFS COMPLAINT ARE STRICKEN; DEFENDANTS MOTION TO DISMISS PLAINTIFFS FIRST, FOURTH, AND FIFTH CAUSES OF ACTION IS DENIED; DEFENDANTS MOTION TO DISMIS S PLAINTIFFS THIRD CAUSE OF ACTION (ALTERNATIVE CLAIM FOR NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS) IS GRANTED WITH LEAVE FOR PLAINTIFF TO AMEND SAID CLAIM; AND, WITHIN THIRTY (30) DAYS, PLAINTIFF SHALL FILE AN AMENDED COMPLAINT IN ACCORDANCE WITH THIS ORDER. SIGNED BY HONORABLE C. DARNELL JONES, II ON 8/1/17. 8/2/17 ENTERED AND COPIES E-MAILED. (va, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

FRANCIS STOCK
Plaintiff,
v.

:

:

CHANELLE BRASWELL, individually
and in her official capacity as an agent
:
of the Pennsylvania Board of Probation
and Parole; and, PENNSYLVANIA BOARD
OF PROBATION AND PAROLE
:
Defendants.

CIVIL ACTION
NO. 16-6412

ORDER

AND NOW, this 1st day of August, 2017, upon consideration of Defendants’ Motion to
Dismiss (Doc. No. 3) and Plaintiff’s Response thereto (Doc. No. 6), it is hereby ORDERED as
follows:
(1)

All claims against Defendant Pennsylvania Board of Probation and Parole
are DISMISSED with prejudice;

(2)

All claims against Officer Braswell in her official capacity are
DISMISSED with prejudice;

(3)

Defendants’ Motion to Dismiss Plaintiff’s Sixth Cause of Action shall be
GRANTED;

(4)

The Second and Seventh Causes of Action as contained in Plaintiff’s
Complaint are STRICKEN;

(5)

Defendants’ Motion to Dismiss Plaintiff’s First, Fourth, and Fifth
Causes of Action is DENIED;

(6)

Defendants’ Motion to Dismiss Plaintiff’s Third Cause of Action
(alternative claim for negligent infliction of emotional distress) is
GRANTED with leave for Plaintiff to amend said claim; and,
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(7)

Within thirty (30) days, Plaintiff shall file an Amended Complaint
in accordance with this Order.

BY THE COURT:

/s/ C. Darnell Jones, II J.

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