HENRY v. CITY OF ALLENTOWN et al

Filing 26

MEMORANDUM/ORDER THAT PLAINTIFF'S MOTION TO AMEND THE COMPLAINT IS DENIED; DEFENDANTS' MOTION TO DISMISS IS GRANTED; AND PLAINTIFF MAY FILE A THIRD AMENDED COMPLAINT IN ACCORDANCE WITH THIS ORDER AND THE ACCOMPANYING MEMORANDUM OPINION WITHIN 14 DAYS OF THIS ORDER. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 12/5/13. 12/9/13 ENTERED AND COPIES E-MAILED.(ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
LEIF HENRY,
Plaintiff,
v.

CIVIL ACTION
NO. 12-1380

CITY OF ALLENTOWN and CHIEF ROGER
MACLEAN,
Defendants.
ORDER
AND NOW, this 5th day of December, 2013, upon consideration of Defendants’
Motion to Dismiss (Docket #17), Plaintiff’s brief in opposition thereto, and Plaintiff’s
Motion to Amend/Correct the Complaint (Docket #21), it is hereby ORDERED as
follows:
1. Plaintiff’s Motion to Amend the Complaint (Docket #21) is DENIED and
Plaintiff may not file the proposed third amended complaint attached to
the motion, though he may file an amended complaint following the
rulings within this Order.
2. Defendants’ Motion to Dismiss is GRANTED as follows:
a. Count I is DISMISSED WITHOUT PREJUDICE as to all
Defendants.
b. Count II is DISMISSED WITH PREJUDICE as to all
Defendants.
c. Count III is DISMISSED WITHOUT PREJUDICE as to all
Defendants.

d. Count IV is DISMISSED WITH PREJUDICE as to all
Defendants.
3. Plaintiff may file a third amended complaint in accordance with this Order
and the accompanying memorandum opinion within 14 days of this Order.

BY THE COURT:

/s/ Jeffrey L. Schmehl
Jeffrey L. Schmehl, J.

2