Howard v. Hollenbaugh et al

Filing 32

ORDER (memorandum filed previously as separate docket entry 31 ) - AND NOW, on this 16th day of February 2021, in accordance with the accompanying Memorandum, IT IS ORDERED THAT: 1. Plaintiff Ronald Howard (Plaintiff)s Motion for Leave to File Sur-R eply (Doc. No. 29) is DEEMED WITHDRAWN; 2. Defendant Joshua Fitting (Defendant Fitting)s Motion to Strike Plaintiffs Sur-Reply (Doc. No. 27) is DEEMED WITHDRAWN; 3. Defendant Fittings Motion to Dismiss count 2 of Plaintiffs First Amended Complaint (D oc. No. 21) is GRANTED, and count 2 of the First Amended Complaint is DISMISSED WITHOUT PREJUDICE; and 4. Within fourteen (14) days of the date of this Order, Plaintiff may file a Second Amended Complaint to attempt to address the pleading deficiencies identified in the accompanying Memorandum. Signed by Honorable Yvette Kane on 2/16/21. (dmn)

Case 1:20-cv-00845-YK Document 32 Filed 02/16/21 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
RONALD HOWARD, JR.,
Plaintiff
v.
DANIEL HOLLENBAUGH and
JOSHUA A. FITTING,
Defendants

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No. 1:20-cv-00845
(Judge Kane)

ORDER
AND NOW, on this 16th day of February 2021, in accordance with the accompanying
Memorandum, IT IS ORDERED THAT:
1. Plaintiff Ronald Howard (“Plaintiff”)’s Motion for Leave to File Sur-Reply (Doc.
No. 29) is DEEMED WITHDRAWN;
2. Defendant Joshua Fitting (“Defendant Fitting”)’s Motion to Strike Plaintiff’s
Sur-Reply (Doc. No. 27) is DEEMED WITHDRAWN;
3. Defendant Fitting’s Motion to Dismiss count 2 of Plaintiff’s First Amended
Complaint (Doc. No. 21) is GRANTED, and count 2 of the First Amended
Complaint is DISMISSED WITHOUT PREJUDICE; and
4. Within fourteen (14) days of the date of this Order, Plaintiff may file a Second
Amended Complaint to attempt to address the pleading deficiencies identified in
the accompanying Memorandum.

s/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania