HABERLE v. TROXELL et al

Filing 31

ORDER THAT DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT, ECF NO. 18, IS GRANTED. THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 3/29/2016. 3/30/2016 ENTERED AND COPIES E-MAILED.(lbs, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
NICOLE HABERLE,
in her own right, on behalf of her two minor
children, and as administrator for
the Estate of Timothy Nixon, deceased,

:
:
:
:
:
Plaintiff,
:
v.
:
:
OFFICER DANIEL TROXELL;
:
MAYOR CARL STYRE;
:
PRESIDENT DAN CHIAVAROLI;
:
VICE-PRESIDENT LARRY STOUDT;
:
COUNCIL MEMBER JOHN SAMUS;
:
COUNCIL MEMBER MICAEL KOPACH;
:
COUNCIL MEMBER FRANK MAUREK;
:
COUNCIL MEMBER CHARLES DONELLO;
:
COUNCIL MEMBER CARL FISCHL;
:
JOHN/JANE DOE POLICE STAFF #1-X;
:
THE BOROUGH OF NAZARETH,
:
:
Defendants.
:
__________________________________________

No. 5:15-cv-02804

ORDER
AND NOW, this 29th day of March, 2016, for the reasons set forth in the accompanying
Memorandum Opinion, IT IS ORDERED that Defendants’ Motion to Dismiss Plaintiff’s
Amended Complaint, ECF No. 18, is GRANTED. The Clerk of Court shall close this case. 1

BY THE COURT:

/s/ Joseph F. Leeson, Jr._____________
JOSEPH F. LEESON, JR.
United States District Judge

1

Plaintiff has not requested leave to amend, nor suggested the existence of any allegations not contained in
the Amended Complaint. While leave to amend must be afforded even when not requested, see Phillips v. Cty. of
Allegheny, 515 F.3d 224, 245 (3d Cir. 2008), that is not the case when amendment would be futile. For the reasons
set forth in the Memorandum Opinion, the deficiencies in Plaintiff’s claims could not be cured by amendment.