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)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MARVIN BANKS, Plaintiff, v. SUSAN KENDRA, R.N., et al., Defendants. : : : : : : : : 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. 1

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