Machicote v. Smith et al

Filing 18

ORDER (memorandum filed previously as separate docket entry 17 ) - AND NOW, on this 16th day of July, 2021, in accordance with the Memorandum issuedconcurrently with this Order, IT IS ORDERED THAT: 1. Defendants motion to dismiss (Doc. 13) is GRANTE D; 2. The complaint (Doc. No. 1) is DISMISSED WITHOUT PREJUDICE; and 3. Plaintiff shall within thirty (30) days from the date of this Order file an amended complaint that addresses the deficiencies identified in the Courts Memorandum Opinion. Failure to comply will be deemed abandonment of this action, and Plaintiffs action will be subject to dismissal with prejudice without further warning. Signed by Honorable Yvette Kane on 7/16/21. (dmn)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ANTHONY LEE MACHICOTE,
Plaintiff
v.
BARRY SMITH, et al.,
Defendants

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No. 1:20-cv-1315
(Judge Kane)

ORDER
AND NOW, on this 16th day of July, 2021, in accordance with the Memorandum issued
concurrently with this Order, IT IS ORDERED THAT:
1.

Defendants’ motion to dismiss (Doc. 13) is GRANTED;

2.

The complaint (Doc. No. 1) is DISMISSED WITHOUT PREJUDICE; and

3.

Plaintiff shall within thirty (30) days from the date of this Order file an amended
complaint that addresses the deficiencies identified in the Court’s Memorandum
Opinion. Failure to comply will be deemed abandonment of this action, and
Plaintiff’s action will be subject to dismissal with prejudice without further
warning.

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