GUISEPPE v. MCFADDEN et al

Filing 16

OPINION/ORDER THAT THE MOTION TO DISMISS THE COMPLAINT (DOC. NO. 11) IS GRANTED AND THE COMPLAINT IS DISMISSED WITHOUT PREJUDICE. THE PLAINTIFF SHALL HAVE A PERIOD OF TWENTY-ONE DAYS FROM THE DATE OF THIS ORDER TO FILE AN AMENDED COMPLAINT WHICH ADDRESSES THE ISSUES IDENTIFIED WITH THE COMPLAINT AS EXPLAINED IN THE MEMORANDUM OPINION. SIGNED BY HONORABLE EDWARD G. SMITH ON 3/12/18. 3/12/18 ENTERED AND COPIES MAILED TO PRO SE' AND E-MAILED.(ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CHRISTOPHER MICHAEL GUISEPPE,
Plaintiff,
v.
WARDEN MCFADDEN, DEPUTY
WARDEN REED, JOHN DOES 1-10,
Defendants.

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CIVIL ACTION NO. 17-4880

ORDER
AND NOW, this 12th day of March, 2018, the defendants, Warden McFadden, Deputy
Warden Reed, and John Does 1-10, having filed a motion to dismiss under Federal Rule of Civil
Procedure 12(b)(6) seeking to have the court dismiss the complaint filed by the pro se plaintiff,
Christopher Michael Guiseppe; and after considering the motion to dismiss (Doc. No. 11), the
complaint (Doc. No. 6), and the plaintiff’s response in opposition to the motion to dismiss (Doc.
No. 14); and for the reasons set forth in the separately filed memorandum opinion, it is hereby
ORDERED as follows:
1.

The motion to dismiss the complaint (Doc. No. 11) is GRANTED and the

complaint is DISMISSED WITHOUT PREJUDICE;
2.

The plaintiff shall have a period of twenty-one (21) days from the date of this

order to file an amended complaint which addresses the issues identified with the complaint as
explained in the memorandum opinion; and

3.

If the plaintiff fails to timely file an amended complaint in accordance with

paragraph two of this order, the court may dismiss this action with prejudice for his failure to
prosecute.
BY THE COURT:

/s/ Edward G. Smith
EDWARD G. SMITH, J.

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