ORTIZ v. CITY OF PHILADELPHIA et al
MEMORANDUM AND ORDER THAT THE AMENDED COMPLAINT IS DISMISSED IN PART WITH PREJUDICE AND IN PART WITHOUT PREJUDICE AS FOLLOWS: ORTIZS CLAIMS AGAINST DEFENDANT GILL BASED ON INTERFERENCE WITH THE GRIEVANCE PROCESS, AND ALL CLAIMS AGAINST DEFENDANTS MAR TIN AND CARNEY BASED ON A FAILURE TO RESPOND TO ORTIZS GRIEVANCE ARE DISMISSED WITH PREJUDICE. ORTIZS SUPERVISORY LIABILITY CLAIM AGAINST DEFENDANT CARNEY, HIS FIRST AMENDMENT ACCESS TO COURT AND OUTSIDE COMMUNICATIONS CLAIMS, AND HIS SIXTH AMENDMENT CLAIM BASED ON DENIAL OF ACCESS TO HIS ATTORNEY ARE DISMISSED WITHOUT PREJUDICE. ORTIZ MAY FILE A SECOND AMENDED COMPLAINT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. ANY SECOND AMENDED COMPLAINT MUST IDENTIFY ALL DEFENDANTS IN THE CAPTION OF THE SECOND AMENDED COMPLAINT IN ADDITION TO IDENTIFYING THEM IN THE BODY OF THE SECOND AMENDED COMPLAINT AND SHALL STATE THE BASIS FOR ORTIZS CLAIMS AGAINST EACH DEFENDANT. THE SECOND AMENDED COMPLAINT SHALL BE A COMPLETE DOCUMENT THAT INCLUDES ALL OF ORTIZS CLAIMS, INCLUDING HIS CLAIM AGAINST DEFENDANT LAWTON. IT MAY NOT RELY ON THE INITIAL COMPLAINT, THE AMENDED COMPLAINT, OR OTHER PAPERS FILED IN THIS CASE TO STATE A CLAIM. WHEN DRAFTING HIS SECOND AMENDED COMPLAINT, ORTIZ SHOULD BE MINDFUL OF THE COURTS REASONS FOR DISMISSING THE CLAIMS IN HIS AMENDED COMPLAINT AS EXPLAINED IN THE COURTS MEMORANDUM. UPON THE FILING OF A SECOND AMENDED COMPLAINT, THE CLERK SHALL NOT MAKE SERVICE UNTIL SO ORDERED BY THE COURT. THE CLERK OF COURT IS DIREC TED TO SEND ORTIZ A BLANK COPY OF THE COURTS FORM COMPLAINT FOR A PRISONER FILING A CIVIL RIGHTS ACTION BEARING THE ABOVE CIVIL ACTION NUMBER. ORTIZ MAY USE THIS FORM TO FILE HIS SECOND AMENDED COMPLAINT IF HE CHOOSES TO DO SO. IF ORTIZ DOES NOT FILE A SECOND AMENDED COMPLAINT THE COURT WILL DIRECT SERVICE OF HIS AMENDED COMPLAINT ON DEFENDANT LAWTON ONLY. ORTIZ MAY ALSO NOTIFY THE COURT THAT HE SEEKS TO PROCEED ON THIS CLAIM RATHER THAN FILE A SECOND AMENDED COMPLAINT. IF HE FILES SUCH A NOTICE , ORTIZ IS REMINDED TO INCLUDE THE CASE NUMBER FOR THIS CASE, 21-3100. THE TIME TO SERVE PROCESS UNDER FEDERAL RULE OF CIVIL PROCEDURE 4(M) IS EXTENDED TO THE DATE 90 DAYS AFTER THE COURT ISSUES SUMMONSES IN THIS CASE IF SUMMONSES ARE ISSUED.SIGNED BY THE HONORABLE GERALD J. PAPPERT ON 5/6/225/6/22 ENTERED AND COPIES NOT MAILED TO ORITZ(rf, )
Case 2:21-cv-03100-GJP Document 22 Filed 05/06/22 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CITY OF PHILADELPHIA, et al.,
AND NOW, this 6th day of May, 2022, upon consideration of Plaintiff Andy
Ortiz’s Amended Complaint (ECF No. 16) and consistent with the accompanying
memorandum of law, it is ORDERED that:
The Amended Complaint is DISMISSED IN PART WITH PREJUDICE
AND IN PART WITHOUT PREJUDICE as follows:
Ortiz’s claims against Defendant Gill based on interference with
the grievance process, and all claims against Defendants Martin and Carney
based on a failure to respond to Ortiz’s grievance are DISMISSED WITH
Ortiz’s supervisory liability claim against Defendant Carney, his
First Amendment access to court and outside communications claims, and his
Sixth Amendment claim based on denial of access to his attorney are
DISMISSED WITHOUT PREJUDICE.
Ortiz may file a second amended complaint within thirty (30) days of the
date of this Order. Any second amended complaint must identify all defendants in the
caption of the second amended complaint in addition to identifying them in the body of
the second amended complaint and shall state the basis for Ortiz’s claims against each
Case 2:21-cv-03100-GJP Document 22 Filed 05/06/22 Page 2 of 2
defendant. The second amended complaint shall be a complete document that includes
all of Ortiz’s claims, including his claim against Defendant Lawton. It may not rely on
the initial Complaint, the Amended Complaint, or other papers filed in this case to
state a claim. When drafting his second amended complaint, Ortiz should be mindful of
the Court’s reasons for dismissing the claims in his Amended Complaint as explained in
the Court’s Memorandum. Upon the filing of a second amended complaint, the Clerk
shall not make service until so ORDERED by the Court.
The Clerk of Court is DIRECTED to send Ortiz a blank copy of the
Court’s form complaint for a prisoner filing a civil rights action bearing the above civil
action number. Ortiz may use this form to file his second amended complaint if he
chooses to do so.1
If Ortiz does not file a second amended complaint the Court will direct
service of his Amended Complaint on Defendant Lawton only. Ortiz may also notify
the Court that he seeks to proceed on this claim rather than file a second amended
complaint. If he files such a notice, Ortiz is reminded to include the case number for
this case, 21-3100.
The time to serve process under Federal Rule of Civil Procedure 4(m) is
EXTENDED to the date 90 days after the Court issues summonses in this case if
summonses are issued.
BY THE COURT:
/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.
This form is available on the Court’s website at
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