DURHAM v. CITY OF PHILADELPHIA et al

Filing 48

ORDER THAT THE MOTIONS TO DISMISS THE AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM (DOC. NOS. 24, 29, 35, 37, 40) ARE GRANTED. THE "MOTION REQUESTING CONTINU[A]NCE OF 'ORDER TO SHOW CAUSE'"(DOC. NO. 43) IS DENIED. THE AMENDED COMPLAINT (DOC. NO. 16) IS DISMISSED WITH PREJUDICE. THE CLERK OF COURT IS DIRECTED TO MARK THIS CASE AS CLOSED. SIGNED BY HONORABLE EDWARD G. SMITH ON 7/16/19. 7/16/19 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF AND E-MAILED.(er, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TAJAN DURHAM,
Plaintiff,
v.
CITY OF PHILADELPHIA, COUNTY OF
BUCKS, COUNTY OF MONTGOMERY,
PHILADELPHIA COUNTY DISTRICT
ATTORNEY’S OFFICE, MONTGOMERY
COUNTY DISTRICT ATTORNEY’S
OFFICE, BUCKS COUNTY DISTRICT
ATTORNEY’S OFFICE, PA STATE
TROOPER DEPARTMENT, PA STATE
TROOPER JEFFERY HAND, PA STATE
TROOPER PRESTON GRAY,
Defendants.

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CIVIL ACTION NO. 17-5152

ORDER
AND NOW, this 16th day of July, 2019, after considering: (1) the amended complaint
filed by the pro se plaintiff, Tajan Durham (Doc. No. 16); (2) the motion to dismiss filed by the
defendant the Philadelphia District Attorney’s Office (Doc. No. 24); (3) the motion to dismiss
filed by the defendant the City of Philadelphia (Doc. No. 29); (4) the motion to dismiss filed by
the defendants Preston Gray and Jeffery Hand (Doc. No. 35); (5) the motion to dismiss filed by
the defendants the County of Montgomery and the Montgomery County District Attorney’s
Office (Doc. No. 37); (6) the motion to dismiss filed by the defendant the Bucks County District
Attorney’s Office (Doc. No. 40); and (7) the plaintiff’s “motion requesting continu[a]nce of
‘order to show cause’” (Doc. No. 43); and for the reasons set forth in the separately filed
memorandum opinion, it is hereby ORDERED as follows:
1.

The motions to dismiss the amended complaint for failure to state a claim (Doc.

Nos. 24, 29, 35, 37, 40) are GRANTED;

2.

The “motion requesting continu[a]nce of ‘order to show cause’” (Doc. No. 43) is

DENIED;
3.

The amended complaint (Doc. No. 16) is DISMISSED WITH PREJUDICE;

4.

The clerk of court is DIRECTED to mark this case as CLOSED.

and

BY THE COURT:

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

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