Gracia v. Cronaver et al

Filing 11

ORDER: In accord with the accompanying Memorandum 10 ; 1. Pltfs mtn to proceed ifp 2 , is GRANTED;2. All claims set forth against Dfts Security Department Supervisor and Bernadette Mason are DISMISSED without prejudice and with leave to amend;3. Pl tf is granted leave to file an amended complaint within (20) days from the date of this Order. If Pltf elects to file an amended complaint, Pltf is advised to adhere to the standards set forth in the FRCPand the directives set forth by this Court in its accompanying Memorandum. 4. The Court will defer service of the complaint for (20) days. IfPltf files an amended complaint, it will supersede the originalcomplaint as set forth above. If Pltf fails to file an amendedcomplaint within (20) days of the date hereof, the Court willdirect service of the original complaint on the remaining Dfts.Signed by Honorable Sylvia H. Rambo on 9/12/18. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ANTHONY GRACIA,
Plaintiff
v.
LUKE CRONAUER, et al.,
Defendants

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No. 1:18-cv-01137
(Judge Rambo)

ORDER
AND NOW, on this 12th day of September 2018, in accordance with the
accompanying Memorandum, IT IS ORDERED THAT:
1. Plaintiff’s motion for leave to proceed in forma pauperis (Doc. No. 2),
construed as a motion to proceed without the full prepayment of costs
and filing fees, is GRANTED;
2. All claims set forth against Defendants Security Department Supervisor
and Bernadette Mason are DISMISSED without prejudice and with
leave to amend;
3. Plaintiff is granted leave to file an amended complaint within twenty (20)
days from the date of this Order. If Plaintiff elects to file an amended
complaint, Plaintiff is advised to adhere to the standards set forth in the
Federal Rules of Civil Procedure and the directives set forth by this Court
in its accompanying Memorandum. Specifically, the amended complaint
must be complete in all respects. It must be a new pleading which stands
by itself without reference to the original complaint or any other
documents already filed. The amended complaint should set forth
Plaintiff’s claims in short, concise and plain statements as required by
Rule 8 of the Federal Rules of Civil Procedure. Each paragraph should
be numbered. The amended complaint should specify which actions are
alleged as to which defendants and sufficiently allege personal
involvement of the defendant in the acts which Plaintiff claims violated
his rights. Mere conclusory allegations will not set forth cognizable
claims. Importantly, should Plaintiff elect to file an amended complaint,

he must re-plead every cause of action in the amended complaint that the
Court has found to be adequately pled in the current complaint because
the amended complaint will supersede the original complaint. See
Knight v. Wapinsky, No. 12-cv-2023, 2013 WL 786339, at *3 (M.D. Pa.
Mar. 1, 2013) (stating that an amended complaint supersedes the original
complaint). Because an amended complaint supersedes the original
pleading, all causes of action alleged in the original complaint which are
not alleged in an amended complaint are waived. Id. (citations omitted);
and
4. The Court will defer service of the complaint for twenty (20) days. If
Plaintiff files an amended complaint, it will supersede the original
complaint as set forth above. If Plaintiff fails to file an amended
complaint within twenty (20) days of the date hereof, the Court will
direct service of the original complaint on the remaining Defendants.

s/Sylvia H. Rambo

SYLVIA H. RAMBO
United States District Judge

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