E.D. v. SHARKEY et al
OPINION/ORDER THAT THE MOTION TO DISMISS OF THE DEFENDANT, JEREMIAH PETREY (DOC. NO. 36) IS GRANTED. THE MOTION TO DISMISS OF THE DEFENDANT, THOMAS DECKER (DOC. NO. 44) IS GRANTED. THE PLAINTIFF SHALL HAVE FOURTEEN DAYS FROM THE DATE OF THIS ORDER TO FILE A THIRD AMENDED COMPLAINT. SIGNED BY HONORABLE EDWARD G. SMITH ON 5/16/17. 5/16/17 ENTERED AND COPIES E-MAILED. (ky, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CIVIL ACTION NO. 16-2750
DANIEL SHARKEY, BERKS COUNTY
FAMILY CENTER (BCRC-IFC),
COUNTY OF BERKS, PENNSYLVANIA,
THOMAS DECKER, ICE Field Office
Director, DIANE EDWARDS, Director of
BCRC-IFC, JEREMIAH I JOSH PETREY,
ICE Employee; JOHN BEHM, JAMIE
ROTHERMEL, ERIKA TAYLOR, and
AND NOW, this 16th day of May, 2017, after considering the allegations in the second
amended complaint (Doc. No. 31), the separately-filed motions to dismiss of the defendants,
Jeremiah Petr�y and Thomas Decker (Doc. Nos. 36,
44), the plaintiffs responses to the motions
(Doc. Nos. 38, 53), and the defendants' replies (Doc. Nos. 39, 55); accordingly, and for the
reasons set forth in the separately-filed memorandum opinion, it is hereby
The motion to dismiss of the defendant, Jeremiah Petrey (Doc. No. 36), is
GRANTED. Count II against Petrey is DISMISSED WITHOUT PREJUDICE and Count V
against Petrey is
DISMISSED WITH PREJUDICE;
The motion to dismiss of the defendant, Thomas Decker (Doc. No.
GRANTED. Counts II, III, and V against Decker are DISMISSED WITH PREJUDICE; and
The plaintiff shall have fourteen (14) days from the date of this order to file a
third amended complaint.
BY THE COURT:
EDWARD G. SMITH, J.
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