Ynfante v. United States of America et al

Filing 82

ORDER (memorandum filed previously as separate docket entry), GRANTING 42 MOTION to Dismiss - DEE ORDER FOR SPECIFICS; Pltf is directed to file a 2nd amended complaint w/i 14 days in accordance w/ the memorandum- failure to to so will result in the dismissal of this case for failure to prosecute and comply with a court order; and dfts shall file a responseive pleading 14 days after pltf files 2nd amended complaint. Signed by Honorable James M. Munley on 2/12/15. (sm)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IVAN YNFANTE, : No. 3:13cv767 Plaintiff : : (Judge Munley) v. : : UNITED STATES OF AMERICA; : ROBERT WOODSON, III; JASON : MADRIGAL; DAVID CLARK and : JOHN DOES 1-7, : Defendants : ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ORDER AND NOW, to wit, this 12th day of February 2015, defendants’ motion to dismiss (Doc. 42) is GRANTED as follows: 1. The motion is GRANTED with respect to Counts 1-5, 7-10, and 1213. These counts are DISMISSED with prejudice; 2. The motion is GRANTED regarding plaintiff’s medical negligence claim under the FTCA asserted in paragraph 25 of the amended complaint. This claim is DISMISSED with prejudice; 3. The motion is GRANTED to the extent that plaintiff’s Bivens denial of medical care claim (Count 6) and Bivens excessive force claim (Count 11) are DISMISSED without prejudice. Plaintiff is directed to file a second amended complaint within fourteen (14) days from the date of this order to fix all of the defects set forth in the accompanying memorandum pertaining to Counts 6 and 11. Failure to file a timely second amended complaint will subject the instant matter to dismissal for failure to prosecute and comply with a court order. FED. R. CIV. P. 41(b); Link v. Wabash R.R., 370 U.S. 626, 630 (1962); 4. The United States of America is DISMISSED as a defendant in Counts 6 and 11; and 5. Defendants’ shall file a responsive pleading fourteen (14) days from the date that plaintiff files a second amended complaint. BY THE COURT: s/ James M. Munley JUDGE JAMES M. MUNLEY United States District Court 2

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