MALDONADO v. RANKIN

Filing 25

ORDER THAT FOR THE REASONS STATED IN THE COURTS ACCOMPANYING MEMORANDUM, DEPUTY SHERIFF RANKINS MOTION (ECF NO. 16 ) IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: THE MOTION IS GRANTED WITH RESPECT TO MALDONADOS OFFICIAL CAPACITY CLAIM. THE OFFI CIAL CAPACITY CLAIM IS DISMISSED WITH PREJUDICE. THE MOTION IS DENIED IN ALL OTHER RESPECTS. DEFENDANT DEPUTY SHERIFF RANKIN SHALL FILE A RESPONSIVE PLEADING IN ACCORDANCE WITH FEDERAL RULE OF CIVIL PROCEDURE 12(A)(4). THE CLERK OF COURT IS DIRECTED TO TERMINATE MALDONADOS MOTION IN OPPOSITION OF DISMISSAL (ECF NO. 20 ), WHICH IS HIS MERELY HIS RESPONSE TO THE DEFENDANTS MOTION. SIGNED BY CHIEF JUDGE MITCHELL S. GOLDBERG ON 6/3/24. 6/4/24 ENTERED AND COPIES E-MAILED. PRO SE PLAINTIFF NOT MAILED. (va)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CHRISTOPHER MALDONADO,
Plaintiff,
v.
DEPUTY SHERRIFF RANKIN,
Defendant.

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CIVIL ACTION NO. 23-CV-3942

ORDER
AND NOW, this 3rd day of June, 2024, upon consideration of Defendant Deputy Sheriff
Rankin’s Motion to Dismiss (ECF No. 16), Plaintiff Christopher Maldonado’s Motion in
Opposition of Dismissal (ECF No. 20); and (3) Deputy Sheriff Rankin’s reply thereto (ECF No.
21), it is ORDERED that:
1.

For the reasons stated in the Court’s accompanying Memorandum, Deputy Sheriff

Rankin’s Motion (ECF No. 16) is GRANTED IN PART and DENIED IN PART as follows:
a.

The Motion is GRANTED with respect to Maldonado’s official capacity

claim. The official capacity claim is DISMISSED WITH PREJUDICE.
b.
2.

The Motion is DENIED in all other respects.

Defendant Deputy Sheriff Rankin shall file a responsive pleading in accordance

with Federal Rule of Civil Procedure 12(a)(4).
3.

The Clerk of Court is DIRECTED to terminate Maldonado’s Motion in Opposition

of Dismissal (ECF No. 20), which is his merely his response to the Defendant’s motion.
BY THE COURT:
/s/ Mitchell S. Goldberg
MITCHELL S. GOLDBERG, J.