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Lee v. Abellos

United States District Court, Third Circuit

August 23, 2013

MICHAEL MOHAMMED LEE, Plaintiff,
v.
MAJOR ABELLOS, et al. Defendants.

ORDER

ROBERT F. KELLY, Senior District Judge.

AND NOW, this 23rd day of August, 2013, upon consideration of the "Motion to Dismiss for Failure to State a Claim" (Doc. 19) filed by Defendants, Frederick Abellos, Gerald May, Louis Girola, John P. Delaney, Lieutenant Henry, the City of Philadelphia, Philadelphia Prison System, and the "Motion to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. Pro. Rule 12(b)(6) and Fed. R. Civ. Pro. Rule 8(a)(2)" (Doc. 21) filed by Defendants, Corizon Health, Inc., Richard Hallworth, Rebecca Pinney, Geoff Perselay[1], Mary Silva, Latasha Deer, Dr. Eke Kalu, Brandon DeJulius and Dr. Bruce Blatt, as well as Plaintiff Michael Mohammed Lee's Response in Opposition to both Motions, it is hereby ORDERED that said Motions are GRANTED, and Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE. However, Plaintiff is granted leave to submit a Second Amended Complaint on or before September 23, 2013. Failure to submit a timely Second Amended Complaint that complies with Federal Rule of Civil Procedure 8 will result in the dismissal of Plaintiff's claims with prejudice.

It is FURTHER ORDERED that all claims against Defendant, Philadelphia Prison System, are DISMISSED WITH PREJUDICE.


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