WILLIAMS v. PHILA. DEPT OF PRISONS et al

Filing 9

ORDERED THAT THE CLERK OF COUST SHALL AMEND THE CAPTION TO REFLECT THE DEFENDANTS NAMED HEREIN ; THE AMENDED COMPLAINT (DOC. NO. 7) IS DISMISSED WITHOUT PREJUDICE FOR FAILING TO STATE A CLAIM. PLANTIFF IS GRANTED LEAVE TO FILE AN AMENDED COMPLAINT NO LATER THAN 7/31/18. UPON THE FILING OF AN AMENDED COMPLAINT THE CLERK OF COURT SHALL NOT MAKE SERVICE UNTIL SO ORDERED. THE CLERK SHALL SEND A BLANK COPY OF THIS COURTS CURRENT STANDARD FORM FOR FILING A CIVIL RIGHTS COMPLAINT BEARING THE ABOVE CAPT IONED CIVIL ACTION NUMBER. PLAINTIFF MAY USE THIS FORM TO FILE HIS SECOND AMENDED COMPLAINT AND IF PLAINITFF FAILS TO FILE AN AMENDE COMPLAINT WE MAY DISMISS HIS CASE FOR FAILURE TO PROSECUTE WITHOUT FURTHER NOTICE. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/28/18. 6/29/18 ENTERED AND COPY OF ORDER AND COMPLAINT FORMMAILED TO PRO SE PLAINTIFF. (jpd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ANDRE V. WILLIAMS, SR.,
Plaintiff,

v.

CIVIL ACTION

N0.18-2110

PHILA. DEPT OF PRISONS, et al.,
Defendants.
ORDER
AND NOW, this 28th day of June 2018, upon considering Plaintiffs Amended

Complaint (ECF Doc. No. 7) and for reasons in the accompanying Memorandum, it is
ORDERED:

1.

The Clerk of Court shall amend the caption to reflect the named Defendants are:

(1) C/O Johnson; (2) C/O John Doe; (3) Director of Medical John Doe; and (4) Correction
Officer/Unit Manager Sgt. John Doe;
2.

The Amended Complaint (ECF Doc. No. 7) is DISMISSED without prejudice

for failing to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii);
3.

We grant Mr. Williams leave to file a second amended complaint no later than

July 31, 2018 naming the person or persons responsible for the alleged violations of his rights, or

a proper legal entity subject to suit under 42 U.S.C. § 1983. A second amended complaint must
identify the defendants in the caption in addition to the body of the second amended complaint,
and shall specify the basis for Mr. Williams's claims against each defendant. If Mr. Williams
does not know the identity of the responsible individuals, he may identify each one as Jane or
John Doe, but he must still plead how each John or Jane Doe allegedly violated his civil rights;

4.

Upon the filing of a second amended complaint, the Clerk of Court shall not make

service absent further Order;
5.

The Clerk of Court shall send Mr. Williams a blank copy of this Court's current

form to be used by a prisoner filing a civil rights action bearing the above-captioned civil action
number. Mr. Williams may use this form to file his second amended complaint; and,
6.

If Mr. Williams fails to timely file a second amended complaint, we may dismiss

his case for failure to prosecute without further notice.

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