TUTORA v. LEHIGH COUNTY PRISON

Filing 20

ORDER THAT DEFENDANTS MOTION TO DISMISS IS GRANTED. PLAINTIFF'S CLAIM BASED ON HIS FALL FROM THE TOP BUNK DUE TO THE ABSENCE OF SAFETY MEASURES IS DISMISSED WITH PREJUDICE. PLAINTIFF'S MEDICAL CLAIM IS DISMISSED WITHOUT PREJUDICE. PLAINTIFF IS GIVEN LEAVE TO FILE A SEWCOND AMENDED COMPLAINT AS TO THAT CLAIM WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. IF HE FAILS TO DO SO THE CLAIM WILL BE DISMISSED WITH PREJUDICE AND THIS CASE WILL BE CLOSED. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 12/15/14. 12/15/14 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd)

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

TOLEKSIS B. TUTORA,
Plaintiff,
v.
DIRECTOR SWEENEY and
WARDEN DONATE,
Defendants.

:
:
:
:
:
:
:
:
:
:
:

CIVIL ACTION

No. 14-4458

ORDER
AND NOW, this 15th day of December, 2014, upon consideration of the “Motion of
Defendants Director Sweeney and Warden Donate for Dismissal Under Fed. R. Civ. P. 12(b)(6)”
(doc. no. 16) and Plaintiff’s response thereto, it is hereby ORDERED that:
-

Defendants’ motion to dismiss is GRANTED. Plaintiff’s claim based on his fall
from the top bunk due to the absence of safety measures is DISMISSED WITH
PREJUDICE.

-

Plaintiff’s medical claim is DISMISSED WITHOUT PREJUDICE pursuant to 28
U.S.C. § 1915(e)(2)(B)(ii).

Plaintiff is given leave to file a second amended

complaint as to that claim within thirty (30) days of the date of this Order. If he fails
to do so, the claim will be dismissed with prejudice and this case will be closed.

BY THE COURT:
/s/ Mitchell S. Goldberg
______________________________
MITCHELL S. GOLDERG, J.