WELLS v. PEREZ et al
| OTTO WELLS |
| EDWIN PEREZ and TIMOTHY GIBSON |
| 2:2016cv02687 |
| May 31, 2016 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Philadelphia |
| JOSEPH F. LEESON |
| Prisoner Petitions: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Defendant |
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Filing
36
ORDER THAT DEFENDANTS MAYOR AND CITY COUNCILS MOTION TO DISMISS, ECF NO. 25 , IS GRANTED. WELLSS CLAIMS AGAINST THESE DEFENDANTS ARE DISMISSED WITHOUT PREJUDICE. WELLS WILL BE PERMITTED LEAVE TO AMEND HIS COMPLAINT WITH RESPECT TO THESE DEFENDANTS. HOWEVER, IN VIEW OF THE COURTS DECISION TO REFER THIS MATTER TO THE PRISONER CIVIL RIGHTS PANEL AND TO STAY ALL PROCEEDINGS WHILE WELLSS CASE IS PENDING BEFORE THE PANEL (SEE BELOW) THE COURT WILL NOT SET A DEADLINE FOR AMENDMENT AT THIS TIME. WELLSS MOTION FOR SUMMARY JUDGMENT, ECF NO. 29 , IS DENIED WITHOUT PREJUDICE TO RENEW FOLLOWING THE CLOSE OF DISCOVERY. WELLSS MOTION FOR AN ORDER COMPELLING DISCOVERY, ECF NO. 32 , IS DENIED AS MOOT. WELLSS MOTION FOR APPOINTMENT OF COUNSEL, ECF NO. [30 ], IS GRANTED IN PART, SOLELY TO THE EXTENT THAT THE COURT IS REFERRING THIS CASE TO THIS DISTRICTS PRISONER CIVIL RIGHTS PANEL TO ATTEMPT TO FIND A VOLUNTEER ATTORNEY WILLING TO REPRESENT WELLS. THIS CASE IS STAYED DURING THE TIME THAT WELLSS REQUES T FOR COUNSEL IS PENDING BEFORE THE PRISONER CIVIL RIGHTS PANEL. ACCORDINGLY, THE CLERK OF COURT SHALL TRANSFER THE ABOVE-CAPTIONED ACTION TO THE CIVIL SUSPENSE DOCKET, AND MARK THE CASE CLOSED FOR STATISTICAL PURPOSES. THE COURT SHALL RETAIN JURISDI CTION OVER THE CASE AND SHALL RETURN IT TO THE COURTS ACTIVE DOCKET ONCE THE CASE IS READY TO PROCEED TO DISPOSITION. THE ENTRY OF THIS ORDER IS WITHOUT PREJUDICE TO THE RIGHTS OF THE PARTIES. THE CLERK OF COURT IS DIRECTED TO ADD DEFENDANT PHILADELP HIA POLICE DEPARTMENT TO THE DOCKET. THE DEPARTMENT IS REPRESENTED BY ATTORNEY MEGHAN E. CLAIBORNE OF THE CITY OF PHILADELPHIA SOLICITORS OFFICE. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 10/20/17. 10/23/17 ENTERED AND COPIES MAILED TO UNREPS, E-MAILED.(mas, )
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