TALBERT v. CITY OF PHILADELPHIA et al

Filing 39

ORDERED THAT DEFENDANTS' MOTIONS ARE GRANTED; PLAINTIFF'S CLAIMS AGAINST THE CITY OF PHILADELPHIA ARE DISMISSED WITH PREJUDICE; PLAINTIFF'S CLAIMS AGAINST FRANK REGALIS ARE DISMISSED WITHOUT PREJUDICE TO TIMELY PURSUE IN STATE COURT AND DEFENDANT'S REQUEST TO REVOKE IN FORMA PAUPERIS STATUS IS DENIED AS MOOT. SIGNED BY HONORABLE MARK A. KEARNEY ON 10/31/18. 11/1/18 ENTERED AND COPIES MAILED TO PLAINTIFF AND EMAILED TO COUNSEL.(jaa, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CHARLES TALBERT

v.

CIVIL ACTION
NO. 18-1501

CITY OF PHILADELPHIA, et al.

ORDER
AND NOW, this 31st day of October 2018, upon considering the City of Philadelphia's

Motion to dismiss (ECF Doc. No. 32) the Amended Complaint (ECF Doc. No. 31), Frank
Regalis' Motion to dismiss (ECF Doc. No. 36), with no timely opposition, and for reasons in the
accompanying memorandum, it is ORDERED Defendants' Motions (ECF Doc. Nos. 32, 36) are
GRANTED:
1.

Plaintiffs claims against the City of Philadelphia are DISMISSED with

prejudice;

2.

Plaintiffs claims against Frank Regalis are DISMISSED without prejudice to

timely pursue in state court; 1 and,
3.

1

Defendant's request to revoke informa pauperis status is DENIED as moot.

Nothing in this Order affects Plaintiffs claims against as yet unserved Defendants in this Court.