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Fennell v. Kuykendall, 18-4226. (2019)

Court: District Court, E.D. Pennsylvania Number: infdco20190613890 Visitors: 13
Filed: Jun. 07, 2019
Latest Update: Jun. 07, 2019
Summary: ORDER MARK A. KEARNEY , District Judge . AND NOW, this 7 th day of June 2019, upon considering Defendants Kuykendall, Stametz and Matt's Motion to dismiss (ECF Doc. No. 47), Plaintiff's Response (ECF Doc. No. 59), and for reasons in the accompanying Memorandum, it is ORDERED the Defendants' Motion to dismiss (ECF Doc. No. 47) is GRANTED : 1. Without prejudice to allow Plaintiff one last leave to file a fourth amended Complaint on or before July 10, 2019 if he can plead, consistent
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ORDER

AND NOW, this 7th day of June 2019, upon considering Defendants Kuykendall, Stametz and Matt's Motion to dismiss (ECF Doc. No. 47), Plaintiff's Response (ECF Doc. No. 59), and for reasons in the accompanying Memorandum, it is ORDERED the Defendants' Motion to dismiss (ECF Doc. No. 47) is GRANTED:

1. Without prejudice to allow Plaintiff one last leave to file a fourth amended Complaint on or before July 10, 2019 if he can plead, consistent with Fed. R. Civ. P. 11, a conspiracy claim allegedly involving Warden Kuykendall and Sergeant Stametz and identify a proper named entity instead of Lehigh County Work Release Center; and,

2. With prejudice as to other claims against Defendants Kuykendall, Stametz and Matt including all claims against Latiff Matt who is dismissed.

Source:  Leagle

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