Gomez v. Doe et al

Filing 8

ORDER granting 3 Motion to Dismiss ; 1. Defendant Varners motion to dismiss (ECF No. 3) isGRANTED.2. Plaintiffs claims against the sole identified Defendant,Ms. Varner, are dismissed with prejudice pursuant to 28U.S.C. § 1915(e)(2)(B)(ii).3. Within thirty (30) days from the date of this order, Mr.Gomez may file an amended complaint in this action inaccordance with the foregoing Memorandum.4. The Clerk of Court shall forward to Plaintiff two (2) copiesof this Courts prisoner civil-rights complaint form whichPlaintiff shall use in preparing any amended complaint hemay file.5. Failure to file an amended complaint as directed, withinthe required time, will result in this action being dismissedpursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for the reasonsset forth in the accompanying Memorandum.Signed by Honorable A. Richard Caputo on 12/19/17 (ep)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
LEONARDO GOMEZ,
Plaintiff
v.
JOHN DOE, et al.,
Defendants

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CIVIL ACTION NO. 3:CV-17-2047
(Judge Caputo)

ORDER
AND NOW, this 19th day of DECEMBER, 2017, upon consideration of
Defendant Varner’s motion to dismiss (ECF No. 3) and for the reasons set forth in
the accompanying memorandum, it is ORDERED that:
1.

Defendant Varner’s motion to dismiss (ECF No. 3) is
GRANTED.

2.

Plaintiff’s claims against the sole identified Defendant,
Ms. Varner, are dismissed with prejudice pursuant to 28
U.S.C. § 1915(e)(2)(B)(ii).

3.

Within thirty (30) days from the date of this order, Mr.
Gomez may file an amended complaint in this action in
accordance with the foregoing Memorandum.

4.

The Clerk of Court shall forward to Plaintiff two (2) copies
of this Court’s prisoner civil-rights complaint form which
Plaintiff shall use in preparing any amended complaint he
may file.

5.

Failure to file an amended complaint as directed, within
the required time, will result in this action being dismissed
pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for the reasons
set forth in the accompanying Memorandum.
/s/ A. Richard Caputo
A. RICHARD CAPUTO
United States District Judge