Zulueta et al v. Chuckas

Filing 15

ORDER (Memorandum 14 filed previously as separate docket entry) GRANTING deft's MTD 4 as follows - Pltfs' claims against deft in his individual capacity... DISMISSED w/out prejudice & pltfs' claims against deft in official capacity as Director of Bureau of Thoroughbred Horse Racing of PA State Horse Racing Commission.. DISMISSED w/ prejudice; Pltfs granted leave to amend their pleading w/in 20 days of date of this order consistent w/ above paragraphs & accompanying memo - in absence of timely filed amended complaint Clrk of Ct directed to CLOSE case. (See order for complete details.) Amended Pleading due by 11/26/2018.Signed by Chief Judge Christopher C. Conner on 11/5/18. (ki)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA MARCOS ZULUETA, JUAN CARLOS : GUERRERO, SILVIO MARTIN, and : SEAN MITCHELL, : : Plaintiffs : : v. : : THOMAS CHUCKAS, as an individual : and in his position as Director of the : Bureau of Thoroughbred Horse Racing : of the Pennsylvania Horse Racing : Commission, : : Defendant : CIVIL ACTION NO. 1:18-CV-356 (Chief Judge Conner) ORDER AND NOW, this 5th day of November, 2018, upon consideration of the motion (Doc. 4) to dismiss filed by defendant Thomas Chuckas (“Chuckas”), individually and in his official capacity, and the parties’ respective briefs in support of and opposition to said motion, and for the reasons set forth in the accompanying memorandum, it is hereby ORDERED that: 1. Chuckas’ motion (Doc. 4) to dismiss is GRANTED as follows: a. b. 2. Plaintiffs’ claim against Chuckas in his individual capacity, pursuant to 42 U.S.C. § 1983, is DISMISSED without prejudice. Plaintiffs’ claim against Chuckas in his official capacity as the Director of the Bureau of Thoroughbred Horse Racing of the Pennsylvania State Horse Racing Commission, pursuant to 42 U.S.C. § 1983, is DISMISSED with prejudice. Plaintiffs are granted leave to amend their pleading within twenty (20) days of the date of this order, consistent with the above paragraphs and the accompanying memorandum. In the absence of a timely filed amended complaint, the Clerk of Court is directed to CLOSE this case. /S/ CHRISTOPHER C. CONNER Christopher C. Conner, Chief Judge United States District Court Middle District of Pennsylvania

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