Harvey v. Haste et al
ORDER finding as moot 7 Motion to Dismiss for Failure to State a Claim, GRANTING Pltf's Request for file an Amended Complaint 12 ; SEE ORDER FOR ALL INFO; (2 1983 packs mailed to Pltf)Signed by Honorable William J. Nealon on 4/9/18 (ep)
UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA
JEFFREY HASTE, et al.,
: CIVIL ACTION NO. 3:CV-17-0549
: (Judge Nealon)
AND NOW, THIS 10th DAY OF APRIL, 2018, upon consideration of
Defendants’ motion to dismiss Plaintiff’s complaint for failing to state a claim,
pursuant to Fed.R.Civ.P. 12(b)(c), claiming that Plaintiff’s instant complaint fails to
plead facts that plausibly show why he is entitled to relief, (Doc. 8) and Plaintiff’s brief
in opposition, in which Plaintiff requests leave to amend his complaint, and it
appearing that Plaintiff has not had an opportunity to amend his complaint, and leave
to amend should be granted absent a showing of “undue delay, bad faith or dilatory
motive on the part of the movant, repeated failure to cure deficiencies by amendments
previously allowed, undue prejudice to the opposing party by virtue of the allowance
of the amendment, futility of amendment1, etc.” Foman v. Davis, 371 U.S. 178, 182
(1962); see also Oran v. Stafford, 226 F.3d 275, 291 (3d Cir.2000), IT IS HEREBY
Defendants’ pending motion to dismiss (Doc. 7) pursuant
to Federal Rule of Civil Procedure 12(b)(6) is DISMISSED
Plaintiff’s request to file an amended complaint (Doc. 12) is
The Plaintiff is directed to file his amended complaint on, or before, May
The Plaintiff is reminded that an amended complaint should “be a new
pleading which stands by itself as an adequate complaint without
reference to the complaint already filed.” Young v. Keohane, 809 F.
Supp. 1185, 1198 (M.D. Pa. 1992).
The Clerk of Court is directed to supply Plaintiff with two (2) copies of
this Court's form order for filing an action pursuant to 42 U.S.C. §1983.
The amended complaint shall be filed on this Court's form complaint.
Futility of amendment occurs when the complaint, as amended, does not state a
claim upon which relief can be granted. See In re Burlington Coat Factory Sec. Litig.,
114 F.3d 1410, 1434 (3d Cir.1997). If the proposed amendment “is frivolous or
advances a claim or defense that is legally insufficient on its face, the court may deny
leave to amend.” Harrison Beverage Co. v. Dribeck Importers, Inc., 133 F.R.D. 463,
The amended complaint shall be complete, in and of itself, without
reference to any prior filings.
The Plaintiff's amended complaint shall include any and all Defendants
whom the Plaintiff wishes to name in this action.
The Plaintiff's amended complaint must specifically state which
constitutional right he alleges the Defendant(s) have violated.
In accordance with Fed.R.Civ.P. 8(a), the Plaintiff’s amended complaint
shall set forth a short and plain statement of the grounds upon which the
court's jurisdiction depends.
In accordance with Fed.R.Civ.P. 10(b), the Plaintiff’s amended complaint
shall be divided into separate numbered paragraphs, the contents of each
of which shall be limited, as far as practicable, to a statement of a single
set of circumstances.
In accordance with Fed.R.Civ.P. 8(d), each averment of the Plaintiff’s
complaint shall be simple, concise and direct.
The Plaintiff’s amended complaint shall contain a short and plain
statement of the claim for relief and a demand for a specific judgment.
Failure to file an amended petition will result in the dismissal of this
action for failure to prosecute. See Federal Rule of Civil Procedure 41(b).
/s/ William J. Nealon
United States District Judge
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