NELSON v. CITY OF PHILADELPHIA et al

Filing 5

MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S COMPLAINT 3 IS GRANTED. IT IS FURTHER ORDERED THAT THE COMPLAINT IS DISMISSED. THE PLAINTIFF IS GRANTED LEAVE TO FILE AN AMENDED COMPLAINT NO LATER THAN 9/29/17; AND FAILURE TO FILE AN AMENDED COMPLAINT WITHIN THE TIME REQUIRED WILL RESULT IN THE DISMISSAL OF THIS ACTION WITH PREJUDICE. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 8/29/17. 8/29/17 ENTERED & E-MAILED. MAILED TO PRO SE PLAINTIFF. (fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
WAYNE NELSON
v.
CITY OF PHILADELPHIA, DET. MILES
# 8060 and DET. MACCLAIN # 8094

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CIVIL ACTION

NO. 17-1970

ORDER
NOW, this 29th day of August, 2017, upon consideration of the Defendants’ Motion
to Dismiss Plaintiff’s Complaint for Failure to State a Claim (Document No. 3), it is
ORDERED that the motion is GRANTED.
IT IS FURTHER ORDERED as follows:
1.

The Complaint is DISMISSED;

2.

The plaintiff is granted leave to file an amended complaint no later than

September 29, 2017; and
3.

Failure to file an amended complaint within the time required will result in

the dismissal of this action with prejudice.

/s/TIMOTHY J. SAVAGE