KENNEDY v. CITY OF PHILADELPHIA et al

Filing 16

ORDER THAT THE SECOND AMENDED COMPLAINT IS DISMISSED FOR FAILURE TO STATE A CLAIM, PURSUANT TO 28 U.S.C. SECTION 1915(E)(2)(B)(II), IN ACCORDANCE WITH THE COURT'S MEMORANDUM AS OUTLINED; THE CLERK OF COURT SHALL PROVIDE KENNEDY WITH A BLANK COPY OF THE COURT'S CURRENT FORM COMPLAINT TO BE USED BY A PRO SE LITIGANT FILING A LAWSUIT UNDER 42 U.S.C. SECTION 1983 BEARING THE CIVIL ACTION NUMBER FOR THIS CASE AND IF KENNEDY FAILS TO FILE A THIRD AMENDED COMPLAINT WITHIN THE TIME PERIOD ALLOWED, HIS CASE MAY BE DISMISSED, WITH PREJUDICE AND WITHOUT FURTHER NOTICE, FOR FAILURE TO PROSECUTE. SIGNED BY HONORABLE GERALD J. PAPPERT ON 10/23/17. 10/23/17 ENTERED AND COPIES MAILED TO PLAINTIFF WITH FORMS.(jaa, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ARDELL KENNEDY,
Plaintiff,
v.
CITY OF PHILADELPHIA, et al.,
Defendants.

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CIVIL ACTION

NO. 17-2338

ORDER
AND NOW, this 23rd day of October, 2017, upon consideration of Mr. Kennedy’s pro se
Second Amended Complaint, it is ORDERED that:
1.

The Second Amended Complaint is DISMISSED for failure to state a claim,

pursuant to 28 U.S.C. §1915(e)(2)(B)(ii), in accordance with the Court’s memorandum. The
claims against the City of Philadelphia, Mayor Kenney, Commissioner Ross, the Philadelphia
Police Department, Officer Haper, Officer Kurth, Officer Jones, Officer Lynch, Officer Smalls,
Officer Washington, Officer Fagan, Officer Love, Officer Wright, District Attorney Seth
Williams, ADA Tumolo, ADA Malloy, ADA Friend-Kelly, ADA Andress, Judge WoodsSkipper, Judge Eubanks, Judge Anders, Judge Campbell, Keir Bradford-Grey, Marit Anderson,
Joseph Patrick McPeak, Tess Senderowicz, and Jilozian Edwards are dismissed with prejudice.
Kennedy’s claims concerning his arrest and the events of November 17, 2014 are also dismissed
with prejudice.
2.

In accordance with the Court’s Memorandum, Kennedy is given leave to file a

third amended complaint against Officer McCauley within thirty (30) days from the date of this
Order. If Kennedy chooses to file a third amended complaint, he shall not raise any claims that
the Court has dismissed with prejudice and he shall not name any defendants other than Officer

McCauley. The third amended complaint shall also only raise claims against Officer McCauley
based upon his conduct during Kennedy’s trial.
3.

The Clerk of Court shall provide Kennedy with a blank copy of the Court’s

current form complaint to be used by a pro se litigant filing a lawsuit under 42 U.S.C. § 1983
bearing the civil action number for this case.
4.

If Kennedy fails to file a third amended complaint within the time period allowed,

his case may be dismissed, with prejudice and without further notice, for failure to prosecute.
BY THE COURT:
/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.