Carroll v. Clifford Township et al

Filing 14

ORDER re 13 Memorandum (Order to follow as separate docket entry) IT IS HEREBY ORDERED that Defendants Motion to Dismiss Plaintiffs Amended Complaint (Doc. 9) is GRANTED in part and DENIED in part as follows:(1)Defendants motion to dismiss all cl aims against Clifford Township is GRANTED. All claims against Clifford Township are dismissed without prejudice.(2)Defendants motion to dismiss Counts I, III, and IV of the Amended Complaint is GRANTED. Counts I, III, and IV of the Amended Complain t are dismissed without prejudice. (3)Defendants motion to dismiss Count II of the Amended Complaint against individual Defendants is DENIED.(4)Plaintiff has twenty-one (21) days from the date of entry of this Order to file a Second Amended Complaint to properly plead his claims against Defendant Clifford Township and his retaliation claims against individual Defendants; otherwise, the claims will be dismissed with prejudice.Signed by Honorable A. Richard Caputo on 8/10/12. (jam, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DONALD A. CARROLL
CIVIL ACTION NO. 3:12-0553

Plaintiff,
v.

(JUDGE CAPUTO)

CLIFFORD TOWNSHIP, DENNIS
KNOWLTON, Individually and in his Official
Capacity as Chairman/Supervisor, and CHRIS
MARCHO, Individually and in his Official
Capacity as Supervisor,
Defendants.

ORDER
NOW, this 10th day of August, 2012, IT IS HEREBY ORDERED that Defendants’
Motion to Dismiss Plaintiff’s Amended Complaint (Doc. 9) is GRANTED in part and
DENIED in part as follows:
(1)

(2)

(3)
(4)

Defendants’ motion to dismiss all claims against Clifford Township is
GRANTED. All claims against Clifford Township are dismissed without
prejudice.
Defendants’ motion to dismiss Counts I, III, and IV of the Amended
Complaint is GRANTED. Counts I, III, and IV of the Amended Complaint
are dismissed without prejudice.
Defendants’ motion to dismiss Count II of the Amended Complaint against
individual Defendants is DENIED.
Plaintiff has twenty-one (21) days from the date of entry of this Order to
file a Second Amended Complaint to properly plead his claims against
Defendant Clifford Township and his retaliation claims against individual
Defendants; otherwise, the claims will be dismissed with prejudice.
/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge