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Carroll v. Anders, 19-2060. (2019)

Court: District Court, E.D. Pennsylvania Number: infdco20191113710 Visitors: 5
Filed: Nov. 07, 2019
Latest Update: Nov. 07, 2019
Summary: ORDER MARK A. KEARNEY , District Judge . AND NOW, this 7 th day of November 2019, upon considering Defendant's Motion to dismiss (ECF Doc. No. 11), no filed Opposition, and for reasons in the accompanying Memorandum, it is ORDERED Defendant's Motion (ECF Doc. No. 11) is GRANTED in part and DENIED in part: 1. We dismiss pro se Plaintiff's claims under the Equal Protection clause and for equitable relief with prejudice; 2. We will proceed solely on the pro se Plaintiff's due
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ORDER

AND NOW, this 7th day of November 2019, upon considering Defendant's Motion to dismiss (ECF Doc. No. 11), no filed Opposition, and for reasons in the accompanying Memorandum, it is ORDERED Defendant's Motion (ECF Doc. No. 11) is GRANTED in part and DENIED in part:

1. We dismiss pro se Plaintiff's claims under the Equal Protection clause and for equitable relief with prejudice;

2. We will proceed solely on the pro se Plaintiff's due process claim as we are uncertain as to his status when Defendant issued the July 2017 No-Trespass Notice and we cannot, at this stage, apply qualified immunity without further evidence; and,

3. Defendant shall file an answer to these remaining allegations no later than November 21, 2019.

Source:  Leagle

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