POTEAT v. LYDON et al

Filing 30

ORDER OF OF 1/7/22 THAT FOR THE REASONS STATED IN THIS COURT'S OPINION ISSUED THIS DATE, IT IS HEREBY ORDERED THAT: DEFENDANTS' MOTION TO DISMISS, ECF NOS. 23 AND 24, ARE GRANTED. a. PLAINTFF'S FOURTH AMENDMENT CLAIM, COUNT I, AND FALS E IMPRISONMENT OF COUNT IV, ARE DISMISSED WITH PREJUDICE AS AGAINST ALL DEFENDANTS. b. THE REMAINDER OF PLAINTFF'S CLAIMS-COUNT II, COUNT III, THE REMAINDER OF COUNT IV, AND COUNT V ARE DISMISSED WITHOUT PREJUDICE AGAINST ALL DEFENDANTS. ON OR BEFORE JANUARY 20, 2022, PALINTFF IS PERMITTED TO FILE AN AMENDED COMPLAINT AS TO ONLY THOSE CLAIMS DISMISSED WITHOUT PREJUDICE. SIGNED BY JUDGE: JOSEPH F. LEESON JR ON 1/7/22. 1/7/22 ENTERED AND COPIES E-MAILED AND NOT MAILED TO PRO SE. (DT)

Case 5:21-cv-03117-JFL Document 30 Filed 01/07/22 Page 1 of 1

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
ANTOINE POTEAT,
Plaintiff,

:
:
:
v.
:
:
GERALD LYDON, et al.,
:
Defendants.
:
____________________________________

No. 5:21-cv-03117

ORDER
AND NOW, this 7th day of January, 2022, upon consideration of Defendants’ Motions to
Dismiss, ECF Nos. 23 and 24, Plaintiff’s response thereto, ECF No. 26, and for the reasons set
forth in the Court’s Opinion issued this date, IT IS HEREBY ORDERED THAT:
1.

Defendants’ Motions to Dismiss, ECF Nos. 23 and 24, are GRANTED.
a.

Plaintiff’s Fourth Amendment claim, Count I, and false imprisonment

claim, part of Count IV, are DISMISSED with prejudice as against all Defendants.
b.

The remainder of Plaintiff’s claims—Count II, Count III, the remainder of

Count IV, and Count V—are DISMISSED without prejudice as against all Defendants.
2.

On or before January 20, 2022, Plaintiff is permitted leave to file an amended

complaint as to only those claims dismissed without prejudice.

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

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