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Briggs v. Godby

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


December 10, 2009

SYEED BRIGGS, PLAINTIFF,
v.
JAMES GODBY, JEFF MCGEE, MONTGOMERY COUNTY, PA, LOWER MERION TOWNSHIP, PA, JOHN DOE, PLYMOUTH MEETING TOWNSHIP LAW ENFORCEMENT OFFICERS, ALL JOINTLY AND SEVERALLY LIABLE IN BOTH INDIVIDUAL AND OFFICIAL CAPACITIES, DEFENDANTS.

The opinion of the court was delivered by: Ronald L. Buckwalter, S.J.

ORDER

AND NOW, this 10th day of December, 2009, upon consideration of Defendant Montgomery County's Renewed Motion to Dismiss Plaintiff's Complaint (Docket No. 23), Plaintiff Syeed Briggs's Opposition and Motion for Default (Docket No. 24), and Defendant's Memorandum of Law in Response to Plaintiff's Opposition Motion (Docket No. 25), it is hereby ORDERED as follows:

1. Plaintiff's Request for Default Judgment is DENIED;

2. Defendant Montgomery County's Motion to Dismiss Plaintiff's Complaint is GRANTED;

3. Plaintiff is put on notice, under Federal Rule of Civil Procedure 4(m), that failure to properly serve Defendant James Godby within thirty days from the date of this Order shall result in dismissal of the Complaint against him.

It is so ORDERED.

20091210

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