SMALLER v. BERKS COUNTY et al

Filing 21

ORDER THAT DEFTS. JESSIE KIRSCH (MISIDENTIFIED IN THE COMPLAINT AS JERRY KILSH) AND DR. JANE DOE'S MOTION TO DISMISS PLFF'S COMPLAINT PURSUANT TO FRCP 12(b)(6) AND AMENDED MOTION TO DISMISS PLFF'S COMPLAINT PURSUANT TO FRCP 12(b)(6) (D OCS. 15 AND 18) ARE GRANTED. SMALLER'S CLAIMS AGAINST KIRSCH AND DR. DOE ARE DISMISSED WITHOUT PREJUDICE; SMALLER MAY FILE AN AMENDED COMPLAINT AS TO KIRSCH AND DR. DOE ON OR BEFORE 9/16/13, ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 8/13/13. 8/13/13 ENTERED AND COPIES MAILED TO PRO SE PLFF., E-MAILED TO COUNSEL.(pr, )

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

REGINALD SMALLER
v.
BERKS COUNTY, et al.

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CIVIL ACTION
No. 12-1960

ORDER
AND NOW, this 13th day of August, 2013, it is ORDERED Defendants Jessie Kirsch
(misidentified in the Complaint as Jerry Kilsh) and Dr. Jane Doe’s Motion to Dismiss Plaintiff’s
Complaint Pursuant to F.R.C.P. 12(b)(6) and Amended Motion to Dismiss Plaintiff’s Complaint
Pursuant to F.R.C.P. 12(b)(6) (Documents 15 and 18) are GRANTED. Smaller’s claims against
Kirsch and Dr. Doe are DISMISSED without prejudice. Smaller may file an amended complaint
as to Kirsch and Dr. Doe on or before September 16, 2013. Failure to file an amended complaint
within the time permitted will result in dismissal of the claims against Kirsch and Dr. Doe with
prejudice.

BY THE COURT:

/s/ Juan R. Sánchez
Juan R. Sánchez, J.

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