WORTHINGTON v. COUNTY OF NORTHAMPTON et al

Filing 61

ORDER THAT THE CLAIMS ASSERTED AGAINST THE DEFENDANT, NORTHAMPTON COUNTY PRISON, ARE DISMISSED WITH PREJUDICE; 2. THE CLAIMS ASSERTED AGAINST THE DEFENDANTS, COUNTY OF NORTHAMPTON, PRIME CARE MEDICAL, AND PRIME CARE MEDICAL EMPLOYEES, ARE DISMISSED WITHOUT PREJUDICE; AND 3. AS TO THE CLAIMS DISMISSED WITHOUT PREJUDICE, THE PLAINTIFF HAS LEAVE TO FILE A THIRD AMENDED COMPLAINT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. IF THE PLAINTIFF FILES A THIRD AMENDED COMPLAINT, IT SHALL BE A COMPLETE, STAND-ALONE DOCUMENT THAT SETS FORTH THE GROUNDS ON WHICH THE PLAINTIFF IS ENTITLED TO RELIEF. THE PLAINTIFF MAY NOT SIMPLY REFER TO OR INCORPORATE THE PRIOR COMPLAINTS. ADDITIONALLY, HE SHALL NAME ALL DEFENDANTS IN THE CAPTION OF THE PLEADING IN ADDITION TO THE BODY OF THE PLEADING, AND DESCRIBE HOW EACH DEFENDANT WAS PERSONALLY INVOLVED IN THE VIOLATION OF HIS RIGHTS. THE PLAINTIFF SHALL USE FICTITIOUS NAMES IF HE IS UNABLE TO LEARN, BY THE TIME OF THE FILING OF THE THIRD AM ENDED COMPLAINT, THE NAMES OF ANY INDIVIDUAL DEFENDANTS. UPON THE FILING OF A THIRD AMENDED COMPLAINT, THE CLERK OF COURT SHALL NOT MAKE SERVICE UNTIL SO ORDERED BY THE COURT. IF THE PLAINTIFF DOES NOT FILE A THIRD AMENDED COMPLAINT WITHIN THIRTY (30) DAYS OF THIS ORDER, THE COURT WILL DISMISS THIS ACTION AND CLOSE THE CASE WITHOUT FURTHER NOTICE TO THE PARTIES. SIGNED BY HONORABLE EDWARD G. SMITH ON 3/24/15. 3/24/15 ENTERED AND COPIES MAILED TO PLAINTIFF, E-MAILED.(er, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
HENRY F. WORTHINGTON, JR.,

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Plaintiff,
v.
COUNTY OF NORTHAMPTON,
NORTHAMPTON COUNTY PRISON,
and PRIME CARE MEDICAL
EMPLOYEES,
Defendants.

CIVIL ACTION NO. 13-6292

ORDER
AND NOW, this 24th day of March, 2015, after considering the motions to dismiss the
second amended complaint separately filed by the defendants, County of Northampton (Doc. No.
28) and Northampton County Prison (Doc. No. 53), the response to the motions filed by the
plaintiff, Henry F. Worthington, Jr. (Doc. No. 59); and after reviewing the second amended
complaint (Doc. No. 36); and for the reasons set forth in the accompanying memorandum
opinion, it is hereby ORDERED as follows:
1.

The claims asserted against the defendant, Northampton County Prison, are

DISMISSED WITH PREJUDICE;
2.

The claims asserted against the defendants, County of Northampton, Prime Care

Medical, and Prime Care Medical Employees, are DISMISSED WITHOUT PREJUDICE; and
3.

As to the claims dismissed without prejudice, the plaintiff has leave to file a third

amended complaint within thirty (30) days of the date of this order. If the plaintiff files a third
amended complaint, it shall be a complete, stand-alone document that sets forth the grounds on
which the plaintiff is entitled to relief. The plaintiff may not simply refer to or incorporate the

prior complaints. Additionally, he shall name all defendants in the caption of the pleading in
addition to the body of the pleading, and describe how each defendant was personally involved
in the violation of his rights. The plaintiff shall use fictitious names if he is unable to learn, by
the time of the filing of the third amended complaint, the names of any individual defendants.
Upon the filing of a third amended complaint, the clerk of court shall not make service until so
ordered by the court. If the plaintiff does not file a third amended complaint within thirty (30)
days of this order, the court will dismiss this action and close the case without further notice to
the parties.

BY THE COURT:

/s/ Edward G. Smith
EDWARD G. SMITH, J.

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