Davis v. Commonwealth of Pennsylvania Department of Corrections et al
Filing
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ORDER (memorandum filed previously as separate docket entry): Defendants Pennsylvania Department of Corrections, Robert Smith, and Andrea Norris Motion to Dismiss Plaintiffs Complaint 11 is GRANTED. Plaintiff is granted leave to amend her complain t against Defendants Norris and Smith within twenty-one (21) days of the date of this Order. Defendant City of Philadelphias Motion to Dismiss For Failure to State a Claim and/or Sever or Transfer for Improper Venue 19 is GRANTED. Any and all claim s set forth in the complaint with respect to conduct occurring while under the custody of the City of Philadelphia are severed from this action and transferred to the United States District Court for the Eastern District of Pennsylvania to proceed there, as set forth in the accompanying Memorandum. (SEE Memorandum and Order for further details.) Signed by Honorable Matthew W. Brann on 3/27/2017. (jn)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
AIMEE DAVIS,
:
:
Plaintiff,
:
:
v.
:
:
COMMONWEALTH OF PENNSYVANIA :
DEPARTMENT OF CORRECTIONS, SCI :
MUNCY, et al.,
:
:
Defendants.
:
Case No. 4:16-CV-01011
(Judge Brann)
ORDER
March 27, 2017
AND NOW, in accordance with the Memorandum of this same date, IT IS
HEREBY ORDERED THAT:
1. Defendants Pennsylvania Department of Corrections, Robert Smith,
and Andrea Norris’ Motion to Dismiss Plaintiff’s Complaint (ECF
No. 11) is GRANTED. Pennsylvania Department of Corrections,
Robert Smith, and Andrea Norris are dismissed as defendants.
2. Plaintiff is granted leave to amend her complaint against Defendants
Norris and Smith within twenty-one (21) days of the date of this
Order. Failure to amend within twenty-one (21) days will result in
progression on the original complaint, and will trigger the remaining
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defendants’ responsibility to answer in accordance with Federal Rule
of Civil Procedure 12(a).
3. Defendant City of Philadelphia’s Motion to Dismiss For Failure to
State a Claim and/or Sever or Transfer for Improper Venue (ECF No.
19) is GRANTED. Any and all claims set forth in the complaint with
respect to conduct occurring while under the custody of the City of
Philadelphia are severed from this action and transferred to the United
States District Court for the Eastern District of Pennsylvania to
proceed there, as set forth in the accompanying Memorandum. The
Clerk of Court is directed to forward a copy of the complaint and this
Order to that court so said claims may proceed there.
BY THE COURT:
s/ Matthew W. Brann
Matthew W. Brann
United States District Judge
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