Zamichieli v. Delbalso et al

Filing 46

ORDER (memorandum filed previously as separate docket entry) Deft's mot. to dismiss is GRANTED. Pltf. to file amd. cmp. by 8/30/18. Deft. Megheni's mot. to dismiss is dismissed as moot; pltf's mot. for default jgm & perm. inj. are dismissed as moot. (See order for details). Amended Complaint due by 8/30/2018.Signed by Honorable Malachy E Mannion on 8/6/18. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
LAMONT ZAMICHIELI,

:

Plaintiff

:

v.

: CIVIL ACTION NO. 3:17-1898

THERESA DELBALSO, et al.,
Defendants

:

(JUDGE MANNION)

:
ORDER

For the reasons set forth in the Memorandum of this date, IT IS
HEREBY ORDERED THAT:
1.

Defendants’ motion to dismiss Plaintiff’s original
complaint for Plaintiff’s failure to comply with Rule 8
and Rule 20 of the Federal Rules of Civil Procedure,
(Doc. 24), will be GRANTED.

2.

The Plaintiff shall file an amended complaint on, or
before, August 30, 2018.

3.

The Plaintiff’s amended complaint shall be complete,
in and of itself, without reference to any prior filings.

4.

The Plaintiff’s amended complaint shall include any
and all defendants whom the plaintiff wishes to name
in this action.

5.

The Plaintiff’s amended complaint must include appropriate
allegations of the defendant(s) personal involvement.

6.

The Plaintiff’s amended complaint must specifically state
which constitutional right he alleges the defendant(s) have
violated.

7.

In accordance with” Fed.R.Civ.P. 8(a)(2), the Plaintiff’s

amended complaint shall set forth a short and plain
statement of the grounds upon which the court’s jurisdiction
depends.
8.

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.

9.

In accordance with Fed.R.Civ.P. 8(d), each averment of the
plaintiff’s amended complaint shall be simple, concise and
direct.

10.

The Plaintiff’s amended complaint shall contain a short and
plain statement of the claim for relief and a demand for
specific judgment.

11.

Should the Plaintiff fail to file his amended complaint within
the required time period, or fail to follow the above
mentioned procedures, the Court will dismiss this action.

12.

Defendant Megheni’s motion to dismiss for failure to
state a claim (Doc. 26) is DEEMED MOOT.

13.

Plaintiff’s motion for default judgment (Doc. 40) and
permanent injunction (Doc. 35) are DISMISSED as
moot.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: August 6, 2018
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2017 MEMORANDA\17-1898-01 order.wpd