Opinion
Civil Action 21-3176
04-22-2022
ROBERT J. NICASTRO, Plaintiff v. SARA MCMULLEN, et al., Defendants
ORDER
GENE E.K. PRATTER UNITED STATES DISTRICT JUDGE
AND NOW, this 22 of April, 2022, upon consideration of Mr. Nicastro's pro se complaint (Doc. No. 2), Mr. Doughty's motion to dismiss (Doc. No. 19), Ms. McMullen's motion to dismiss (Doc. No. 20), Mr. Nicastro's responses in opposition (Doc. Nos. 31 & 35), which the Court partially construes as a motion to add T. W. Ponessa & Associates as a defendant (Doc. No. 31), and Mr. Nicastro's motion to hold Mr. Doughty and Ms. McMullen in contempt (Doc. No. 29), it is hereby ORDERED as follows for the reasons set forth in the accompanying memorandum:
1. Mr. Doughty and Ms. McMullen's motions to dismiss (Doc. Nos. 19 & 20) are GRANTED and Mr. Nicastro's claims are DISMISSED WITHOUT PREJUDICE;
2. Mr. Nicastro is GRANTED leave to file an amended complaint within 30 days;
3. Mr. Nicastro's motions (Doc. Nos. 29 & 31) are DENIED;
4. The Clerk of Court is directed to UPDATE Mr. Nicastro's mailing address to 315 S. Broad Street # 1126 Philadelphia, PA 19107, pursuant to Mr. Nicastro's request (see Doc. No. 35, at ECF3).