BRAYBOY v. JOHNSON et al

Filing 70

ORDER THAT THE MOTIONS TO DISMISS (DOC. NOS. 30, 32, 33, 37, 39, 55, 58, AND 60) ARE GRANTED AND ALL CLAIMS AGAINST THESE DEFTS. ARE DISMISSED; THE MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT (DOC. NOS. 40 AND 61) ARE DENIED. THE CLAIMS AGAINST DEF T. CROSSON ARE DISMISSED WITHOUT PREJUDICE, UNDER FRCP 4(m), FOR FAILURE TO TIMELY SERVE. IT IS FURTHER ORDERED THAT PLFF'S MOTON FOR THE PRODUCTION OF DOCUMENTS (DOC. NOS. 41, 42, 44, 45) ARE DENIED AS MOOT. THE CLERK OF COURT SHALL MARK THIS CASE CLOSED.. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 11/16/18. 11/16/18 ENTERED AND COPIES MAILED TO PRO SE PLFF. AND E-MAILED TO COUNSEL.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RODRICK BRAYBOY
Plaintiff,
v.
ZAKIA JOHNSON, et al.
Defendants.

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CIVIL ACTION

NO. 17-4371

ORDER
AND NOW, this 16th day of November, 2018, upon consideration of (a) Defendant
Chitwood’s Motion to Dismiss (Doc. No. 30) and Plaintiff’s Response (Doc. No. 48); (b)
Defendants Driesbach, Johnson, and Siliani’s Motion to Dismiss (Doc. No. 32), Defendant
Cooper’s Joinder therein (Doc. No. 37), and Plaintiff’s Response (Doc. No. 50); (c) Defendants
Friedman, Gormley, and Luca’s Motion to Dismiss (Doc. No. 33) and Plaintiff’s Response (Doc.
No. 47), (d) Defendants Hinkle, Cooper, Laskow, and McClain’s Motions to Dismiss (Doc. Nos.
39, 55) and Plaintiff’s Responses (Doc Nos. 49, 56); (e) Defendant Braswell’s Motion to Dismiss
(Doc. No. 58) and Plaintiff’s Response (66); (f) Defendant Patterson’s Motion to Dismiss (Doc.
No. 60) and Plaintiff’s Response (Doc. No. 65); and (g) Plaintiff’s Motions for Leave to File an
Amended Complaint (Doc. Nos. 40 and 61), it is hereby ORDERED that, for the reasons set
forth in the accompanying Memorandum Opinion:
1.

The Motions to Dismiss (Doc. Nos. 30, 32, 33, 37, 39, 55, 58, and 60) are
GRANTED and all claims against these Defendants are DISMISSED.

2.

The Motions for Leave to File an Amended Complaint (Doc. Nos. 40 and 61) are
DENIED.

3.

The claims against Defendant Crosson are DISMISSED WITHOUT
PREJUDICE, under Federal Rule of Civil Procedure 4(m), for failure to timely
serve.

It is FURTHER ORDERED that Plaintiff’s Motions for the Production of Documents
(Doc. Nos. 41, 42, 44, 45) are DENIED AS MOOT.
The Clerk of Court shall mark this case CLOSED.

BY THE COURT:

/s/ Mitchell S. Goldberg
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MITCHELL S. GOLDBERG,
J.