Stolarik v. City of Wilkes Barre et al

Filing 31

ORDER 1. Defendant's Motion to Dismiss Portions o'f Plaintiff's Complaint is GRANTED IN PART, to wit: a. All Counts are DISMISSED WITHOUT PREJUDICE, except that, b. That portion of Count I that appears to allege an independent substant ive due process claim under the Fourteenth Amendment is DISMISSED WITHPREJUDICE to the extent that it does so. 2. Plaintiffs shall have FOURTEEN (14) DAYS from the date of this Order to file an f amended complaint.Signed by Honorable Robert D. Mariani on 10/30/13. (jfg)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
PAUL STOLARIK,
Plaintiff,

v.

3: 12-CV-01249
(JUDGE MARIANI)

CITY OF WILKES-BARRE, et al.,
Defendants.
ORDER
AND NOW, THIS 30TH DAY OF OCTOBER, 2013, in accordance with the
Court's Memorandum Opinion, IT IS HEREBY ORDERED THAT:
1. Defendant's Motion to Dismiss Portions o'f Plaintiff's Complaint is GRANTED IN
PART, to wit:

I
[

I
~

I
f
~

a. All Counts are DISMISSED WITHOUT PREJUDICE, except that,
b. That portion of Count I that appears to allege an independent substantive
due process claim under the Fourteenth Amendment is DISMISSED WITH
PREJUDICE to the extent that it does so.
2. Plaintiffs shall have FOURTEEN (14) DAYS from the date of this Order to file an
amended complaint.

i

I

I

I
i

I

I
f

I
f
f
f

t

:

I

I

2