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)
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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