PRISONERS UNITED TOGETHER et al v. PENNSYLVANIA CRIMINAL JUSTICE SYSTEM et al

Filing 9

ORDERED THAT THE CLERK OF COURT IS DIRECTED TO AMEND THE CAPTION OF THIS MATTER TO REFLECT THE INDIVIDUALS AND ENTITIES THAT ARE NAMED DEFENDANTS HEREIN; PLAINTIFF'S AMENDED COMPLAINT IS DISMISSED WITHOUT PREJUDICE FOR FAILURE TO STATE A CLAIM. PLAINTIFF IS GIVEN LEAVE TO FILE A SECOND AMENDED COMPLAINT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. IF PLAINTIFF DOES NOT FILE A SECOND AMENDED COMPLAINT, THE COURT WILL DIRECT SERVICE OF HIS AMENDED COMPLAINT ON OFFICERS CUJDIK AND CONWAY ONLY. IF PLAINTIFF FILES A SECOND AMENDED COMPLAINT THE CLERK OF COURT SHALL NOT MAKE SERVICE UNTIL SO ORDERED BY THE COURT. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 6/13/18. 6/14/18 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF. (jpd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KEMICO ANTONIO WASHINGTON,
Plaintiff,
v.
PENNSYLVANIA CRIMINAL
JUSTICE SYSTEM, et al.,
Defendants.

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CIVIL ACTION NO. 17-CV-4706

ORDER
AND NOW, this 13th day of June, 2018, upon consideration of Plaintiff Kemico Antonio
Washington’s Amended Complaint (ECF No. 6), it is ORDERED that:
1.

The Clerk of Court is DIRECTED to amend the caption in this matter to reflect

that the following individuals and entities are the named Defendants: (1) Philadelphia Police
Department; (2) Officer Cujdik; (3) Officer Conway; (4) Detective Federick Girardo; (5)
Hahnemann University Hospital; (6) Akosua D. Nuamah CRNP; (7) Curran-Fromhold
Correctional Facility; (8) Medical Dept; (9) RN Kak; (10) MD Jane Doe; (11) Lt. McCallister;
(12) Warden May; (13) Phila Sheriff’s Dept; (14) Sgt. Jane Doe; (15) Sgt. John Doe; and (16)
Deputy Sheriff John Doe.
2.

Washington’s Amended Complaint is DISMISSED without prejudice for failure

to state a claim, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), for the reasons stated in the Court’s
Memorandum with the exception of Washington’s claims against Officers Cujdik and Conway.
3.

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

days of the date of entry of this Order. If Washington files a second amended complaint, he shall
name all defendants in the caption of the amended complaint. Any individual or entity that is not
listed in the caption will not be treated as a defendant. The second amended complaint must also

provide as much identifying information for the defendants as possible. Washington may refer
to a defendant by last name only if that is the only identifying information possessed. If
Washington wishes to name individuals for whom he does not have any identifying information,
he may refer to those individuals as John Doe #1, John Doe #2, etc. The second amended
complaint must also describe how each defendant, including any John Doe or Jane Doe
defendants, were responsible for violating Washington’s rights. Washington should include the
claims on which he seeks to proceed in his second amended complaint without relying on or
referring to other documents he filed in this case. If Washington does not file a second amended
complaint, the Court will direct service of his Amended Complaint on Officers Cujdik and
Conway only. If Washington files a second amended complaint, the Clerk shall not make
service until so ORDERED by the Court.
BY THE COURT:
/s/ Mitchell S. Goldberg
MITCHELL S. GOLDBERG, J.