E.D. v. SHARKEY et al

Filing 57

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, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA E.D., Plaintiff, CIVIL ACTION NO. 16-2750 v. DANIEL SHARKEY, BERKS COUNTY RESIDENTIAL CENTER-IMMIGRATION 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 HIMMELBERGER, BRITTANY ROTHERMEL, ERIKA TAYLOR, and MATTHEW MALINOWSKI, Defendants. ORDER 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´┐Ży 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 ORDERED as follows: 1. 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 2. DISMISSED WITH PREJUDICE; The motion to dismiss of the defendant, Thomas Decker (Doc. No. 44), is GRANTED. Counts II, III, and V against Decker are DISMISSED WITH PREJUDICE; and 3. 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. 2

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