ABU-JAMAL v. KERESTES, 3:15-CV-00967. (2016)
Court: District Court, M.D. Pennsylvania
Number: infdco20160808c82
Visitors: 16
Filed: Aug. 05, 2016
Latest Update: Aug. 05, 2016
Summary: ORDER ROBERT D. MARIANI , District Judge . AND NOW, THIS 5TH DAY OF AUGUST, 2016, upon consideration of Defendant Kerestes's "Motion to Dismiss Plaintiffs Amended and Supplemental Complaint" (Doc. 81), IT IS HEREBY ORDERED THAT said Motion is GRANTED IN PART and DENIED IN PART I to wit: 1. Plaintiffs causes of actions alleged against Defendant Kerestes in his official capacity are DISMISSED WITH PREJUDICE. 2. Counts I, II, and III are DISMISSED WITHOUT PREJUDICE AND WITH LEAVE T
Summary: ORDER ROBERT D. MARIANI , District Judge . AND NOW, THIS 5TH DAY OF AUGUST, 2016, upon consideration of Defendant Kerestes's "Motion to Dismiss Plaintiffs Amended and Supplemental Complaint" (Doc. 81), IT IS HEREBY ORDERED THAT said Motion is GRANTED IN PART and DENIED IN PART I to wit: 1. Plaintiffs causes of actions alleged against Defendant Kerestes in his official capacity are DISMISSED WITH PREJUDICE. 2. Counts I, II, and III are DISMISSED WITHOUT PREJUDICE AND WITH LEAVE TO..
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ORDER
ROBERT D. MARIANI, District Judge.
AND NOW, THIS 5TH DAY OF AUGUST, 2016, upon consideration of Defendant Kerestes's "Motion to Dismiss Plaintiffs Amended and Supplemental Complaint" (Doc. 81), IT IS HEREBY ORDERED THAT said Motion is GRANTED IN PART and DENIED IN PARTI to wit:
1. Plaintiffs causes of actions alleged against Defendant Kerestes in his official capacity are DISMISSED WITH PREJUDICE.
2. Counts I, II, and III are DISMISSED WITHOUT PREJUDICE AND WITH LEAVE TO AMEND within fourteen (14) days of the date of this Order in accordance with the Court's accompanying Memorandum Opinion. Plaintiffs Counsel is HEREBY PUT ON NOTICE that the Court expects any such all)endment to contain specific allegations of fact, stated in the active voice and delineating the specific actions or omissions by Defendant Kerestes, if any, which establish personal involvement or knowledge and acquiescence in the constitutional violations alleged by Plaintiff.
3. Counts IV, V1, and V2 are DISMISSED WITH PREJUDICE as to Defendant Kerestes.
4. Count VI is DISMISSED WITH PREJUDICE as to Defendant Kerestes.
5. Defendant Kerestes's "Motion to Dismiss Plaintiffs Amended and Supplemental Complaint" (Doc. 81) is DENIED with respect to Count VII.
Source: Leagle