WILLIAMS v. WETZEL et al

Filing 51

ORDER: In accord with the accompanying Memorandum 50 ; 1. Pltfs mtn for release from SMU 40 is DENIED;2. Pltfs mtn for leave to file an amended complaint 42 is GRANTED. The Clerk of Court shall DOCKET the second amended complaint [63-1] as a sep arate entry on the docket of this action. Dfts shall answer or otherwise respond to the second amended complaint in accordance with the requirements set forth in the FRCP and the LRs of this Court. Pltf, in accord with Rule 4 of the FRCP, shall make arrangements to effect service of the second amended complaint on the newly added Dft as required by the Rules of this Court;3. Pltfs motion seeking service forms 43 is GRANTED insofar as the Clerk of Court is DIRECTED to provide Pltf with the appr opriate forms to serve the newly added Dft;4. Dfts mtn to dismiss 23 is DENIED without prejudice as moot;5. Pltfs mtn for an exttm to file a bropp to Dfts mtn to dismiss 44 is DENIED as moot; and6. Pltfs mtn for a preliminary injunction 48 ) is DENIED.Signed by Honorable Sylvia H. Rambo on 9/26/17. (ma)

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UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA MARK-ALONZO WILLIAMS, Plaintiff vs. JOHN WETZEL, et al., Defendants : : : : : : : : : No. 1:17-CV-00079 (Judge Rambo) ORDER AND NOW, this 26th day of September, 2017, upon consideration of Defendants’ motion to dismiss (Doc. No. 23) and brief in support (Doc. No. 28), and Plaintiff’s motion for release from SMU (Doc. No. 40); motion for leave to file an amended complaint (Doc. No. 42); “motion” (Doc. No. 43); motion for an extension of time to file a brief in opposition to Defendants’ motion to dismiss (Doc. No. 44); and motion for a preliminary injunction (Doc. No. 48), IT IS ORDERED THAT: 1. Plaintiff’s motion for release from SMU (Doc. No. 40) is DENIED for the same reasons as set forth in this Court’s July 18, 2017 Memorandum and Order (Doc. Nos. 32, 33); 2. Plaintiff’s motion for leave to file an amended complaint (Doc. No. 42) is GRANTED. The Clerk of Court shall DOCKET the second amended complaint (Doc. No. 43-1) as a separate entry on the docket of this action. Defendants shall answer or otherwise respond to the second amended complaint in accordance with the requirements set forth in the Federal Rules of Civil Procedure and the Local Rules of this Court. 1 Plaintiff, in accordance with Rule 4 of the Federal Rules of Civil Procedure, shall make arrangements to effect service of the second amended complaint on the newly added Defendant as required by the Rules of this Court; 3. Plaintiff’s “motion” seeking service forms (Doc. No. 43) is GRANTED insofar as the Clerk of Court is DIRECTED to provide Plaintiff with the appropriate forms to serve the newly added Defendant; 4. Defendants’ motion to dismiss (Doc. No. 23) is DENIED without prejudice as moot; 5. Plaintiff’s motion for an extension of time to file a brief in opposition to Defendants’ motion to dismiss (Doc. No. 44) is DENIED as moot; and 6. Plaintiff’s motion for a preliminary injunction (Doc. No. 48) is DENIED. s/Sylvia H. Rambo SYLVIA H. RAMBO United States District Judge 2

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