Wholaver v. Wetzel

Full title: ERNEST RAY WHOLAVER, JR., Plaintiff v. JOHN E. WETZEL, et al., Defendants

Court: United States District Court, E.D. Pennsylvania

Date published: Jun 6, 2022

Civil Action 22-492 (E.D. Pa. Jun. 6, 2022)

Opinion

Civil Action 22-492

06-06-2022

ERNEST RAY WHOLAVER, JR., Plaintiff v. JOHN E. WETZEL, et al., Defendants

GENE E.K. PRATTER UNITED STATES DISDRICT JUDGE

ORDER

GENE E.K. PRATTER UNITED STATES DISDRICT JUDGE

AND NOW, this 6^th day of June, 2022, upon review of the Defendants' Motion to Dismiss (Doc, No. 4) and Plaintiff Ernest Ray Wholaver, Jr.'s Response (Doc. No. 5), it is hereby ORDERED that:

1. The Defendants' Motion to Dismiss (Doc. No. 4) is GRANTED; and

2. If Mr. Wholaver wishes to seek leave to amend his complaint, he must FILE a motion seeking leave to file an amended complaint within 60 days of this Order; after 60 days, this case will be dismissed for failure to prosecute.¹

1 “[T]o request leave to amend a complaint, the plaintiff must submit a draft amended complaint to the court so that it can determine whether amendment would be futile.” Fletclwr-Harlee Corp. v. Pole Concrete Contractors, Inc., 482 F.3d 247, 252 (3d Cir. 2007).