Opinion
Civil Action 3:21-565
12-23-2021
PAUL VOGLINO, Plaintiff v. JOSHUA SHAPIRO; REBECCA A. ELO; TROOPER JENNIFER A. KOSAKEVITCH; and RALPH ZEZZA, Special Agent Defendants
ORDER
MALACHY E. MANNION, United States District Judge.
For the reasons set forth in the Memorandum of this date, the IT IS HEREBY ORDERED THAT:
(1) Defendants' Motions to Dismiss, (Docs. 8, 9, 10), Plaintiff's Complaint, (Doc. 1), are GRANTED.
(2) Plaintiff's §1983 false arrest and false imprisonment claims in Counts II and III of the Complaint respectively are DISMISSED with prejudice. All of Plaintiff's claims against defendant Rebecca A. Elo are DISMISSED with prejudice. Plaintiff's §1983 malicious prosecution and supervisory liability claims in Count I and IV respectively are DISMISSED without prejudice to Plaintiff filing an amended complaint within twenty-one (21) days from the date of entry of this Order to plead plausible claims. Plaintiff's state law claims in Count V and VI are DISMISSED without prejudice pursuant to 28 U.S.C. §1367(c), subject to Plaintiff timely filing an amended complaint pleading a plausible claim predicated upon federal law.
(3) Failure to timely file an amended complaint will result in the dismissal of Counts I and IV of Plaintiff's Complaint with prejudice.