HARPER v. ALBIA et al

Filing 19

ORDER THAT THE MOTION TO DISMISS FILED BY DEFTS ALBO AND LUQUIS IS GRANTED. SUCH CLAIMS ARE DISMISSED WITH PREJUDICE. THE MOTION TO DISMISS FILED BY DEFT LUQUIS WITH RESPECT TO THE CLAIMS AGAINST HIM IN HIS INDIVIDUAL CAPACITY IS GRANTED. SUCH CLAIMS ARE DISMISSED. PLFF IS GRANTED LEAVE TO AMEND WITHIN 14 DAYS OF THE DATE OF THIS ORDER. THE MOTIONS TO DISMISS ARE DENIED. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL AMEND THE DOCKET CAPTION TO REFLECT THE PROPER SPELLINGS OF THE NAMES OF DEFTS LUQUIS AND ALBO.. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 8/24/11. 8/25/11 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED TO COUNSEL.(lvj, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JOHN HARPER
v.
JEFFERY ALBO , et al.

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CIVIL ACTION
NO. 10-7555

ORDER
AND NOW, this 24th day of August, 2011, after consideration of defendants’ motions to
dismiss and plaintiff’s response, it is ORDERED that:
1)

The motion to dismiss filed by defendants Albo and Luquis with respect to the
claims against them in their official capacities is GRANTED. Such claims are
DISMISSED with prejudice.

2)

The motion to dismiss filed by defendant Luquis with respect to the claims against
him in his individual capacity is GRANTED. Such claims are DISMISSED.
However, plaintiff is GRANTED leave to amend within 14 days of the date of this
Order.

3)

In all other respects, the motions to dismiss are DENIED.

It is FURTHER ORDERED that the Clerk of Court shall AMEND the docket caption to
reflect the proper spellings of the names of defendants Luquis and Albo.

/s/ THOMAS N. O’NEILL, JR.
THOMAS N. O’NEILL, JR., J.