BANKS v. KENDRA et al

Filing 17

ORDERED THAT DEFENDANTS MOTION TO DISMISS (DOC. NO. 13) IS GRANTED IN PART AND DENIED IN PARTFOR THE REASONS SET FORTH IN THE ACCOMPANYING MEMORANDUM. ITNIS FURTHER ORDERED THAT PLAINTIFF HAS FORTY-FIVE (45) DAYS FROM THE DATE OF THIS ORDER TO FILE A N AMENDED COMPLAINT. FAILURE TO COMPLOY WITH THI ORDER SHALL RESULT IN THE COMPLETE DISMISSAL OF THE DISMISSED CLAIMS WITHOUT FURTHER NOTICE TO PLAINTIFF. SIGNED BY HONORABLE C. DARNELL JONES, II ON 12/8/17. 12/8/17 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF AND E-MAILED. (jpd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MARVIN BANKS,
Plaintiff,
v.
SUSAN KENDRA, R.N., et al.,
Defendants.

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CIVIL ACTION
NO. 17-0329

ORDER
AND NOW, this 7th day of December, 2017, upon consideration of Plaintiff’s pro se
Complaint, (ECF No. 5), Defendants’ Motion to Dismiss, (ECF No. 13), and Plaintiff’s failure to
file a timely response in opposition thereto, it is hereby ORDERED that said Motion is
GRANTED in part and DENIED in part for the reasons set forth in the accompanying
memorandum.
FURTHER, it is hereby ORDERED that Plaintiff has forty-five (45) days from the date
of this this order to file an amended complaint. Failure to comply with this Order shall result in
complete dismissal of the dismissed claims without further notice to Plaintiff.

BY THE COURT:

/s/ C. Darnell Jones, II
C. Darnell Jones, II J.

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