MITCHELL v. RAHILL et al

Filing 17

ORDER THAT THE FIRST AMENDED COMPLAINT IS DISMISSED FAO FAILURE TO STATE A CLAIM. THE CLAIMS AGAINST THE OFFICERS WHO ARRESTED PLAINTIFF, THE DEPT. OF CORRECTIONS, THE HONORABLE AROLYN H. NICHOLS, LAUREN BRITTANY KATONA AND LISSETTE CASERES ARE DISMI SSED WITH PREJUDICE. THE CLAIMS AGAINS THE PRISON EMPLOYEES AND OFFICIALS NAMED IN THE COMPLAINT AS WELL AS PLAINTIFF'S CLAIMS THAT HE WAS WRONGFULLY CONVICTED ARE DISMISSED WITHOUT PREJUDICE. PLAINTIFF IS GIVEN LEAVE TO FILE A SECOND AMENDED CO MPLAINT WITHIN THIRY (30) DAYS OF THE DATE OF THIS ORDER. UPON THE FILNG OF A SECOND AMENDED COMPLAINT THE CLERK OF COURT SHALL NOT MAKE SERVICE UNTIL SO ORDERED BY THE COURT. THE CLERK SHALL FURNISH PLAINITFF WITH A BLANK COPY OF THIS COURT'S C URRENT COMPLAINT FORM UNDER 42 U.S.C. SEC. 1983 BEARING THE ABOVE CAPTIONED CIVIL ACTION NUMBER FOR THIS CASE. PLAINTIFF MAY USE THIS FORM TO FILE HIS SECOND AMENDED COMPLAINT. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 10/11/17. 10/12/17 ENTERED AND COPY OF ORDER AND COMPLAINT FORM MAILED TO PRO SE PLAINTIFF.(jpd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PAUL F. MITCHELL,
Plaintiff

CIVIL ACTION

v.
NO. 17-3730

FIL.ED

PATRICK QUINN #1652, et al.,
Defendants

OCT 11 2017
ORDER

AND NOW, this

KATE BARKMAN, Clerk
Dep.Cleril

By

l f&ay of October, 2017, upon consideration of plaintiffs prose

amended complaint, it is ORDERED that:
1.

The amended complaint (Docket Nos. 5-15) is DISMISSED for failure to state a

claim, pursuant to Federal Rule of Civil Procedure 8(a) and 28 U.S.C. § 1915(e)(2)(B)(ii), in
accordance with the Court's memorandum. The claims against the officers who arrested
plaintiff, the Department of Corrections, the Honorable Carolyn H. Nichols, Lauren Brittany
Katona, and Lissette Caseres are dismissed with prejudice. The claims against the prison
employees and officials named in the complaint, as well as plaintiffs claims that he was
wrongfully convicted, are dismissed without prejudice.
2.

Plaintiff is given leave to file a second amended complaint within thirty (30) days

of the date of this Order. If plaintiff chooses to file a second amended complaint, he shall
identify all of the defendants in the caption of the second amended complaint and clearly state
the basis for his claims against each defendant. Plaintiffs second amended complaint shall
include all of the claims that he seeks to pursue in this action without relying on or referring to
other pleadings or exhibits filed in this case. The second amended complaint shall not raise any
claims that the Court has dismissed with prejudice and shall not raise claims based on plaintiffs

wrongful conviction. Upon the filing of a second amended complaint, the Clerk shall not make
service until so ORDERED by the Court. If plaintiff fails to file a second amended complaint,
his case may be dismissed for failure to prosecute without further notice.
3.

The Clerk of Court shall provide plaintiff with a blank copy of the Court's current

form complaint to be used by a prisoner filing a lawsuit under 42 U.S.C. § 1983 bearing the civil
action number for this case. Plaintiff may use this form to file his second amended complaint.

BY THE COURT:

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