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16-5501 - MCGEE v. PHILADELPHIA COUNTY, PA


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16-5501 - MCGEE v. PHILADELPHIA COUNTY, PA
January 10, 2018
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MEMORANDUM OPINION. AN APPROPRIATE ORDER FOLLOWS.. SIGNED BY HONORABLE WENDY BEETLESTONE ON 1/10/18. 1/10/18 ENTERED AND COPIES MAILED TO PRO SE PLFF., E-MAILED TO COUNSEL.(pr, )
January 10, 2018
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ORDER THAT PLFF'S CLAIM AGAINST ALL DEFTS. (EXCEPT JASON MCLEAN) UNDER 42 USC, SECTION 1983 FOR REVOCATION OF HIS PAROLE WITHOUT DUE PROCESS IS DISMISSED WITHOUT PREJUDICE TO REFILING IF PLFF'S SECOND PAROLE REVOCATION INVALIDATED. PLFF. IS NOT OTHERWISE GIVEN LEAVE TO AMEND HIS SECOND AMENDED COMPLAINT FOR THIS CLAIM; PLFF'S CLAIM AGAINST GREGORY THOMAS UNDER 42 USC, SECTION 1983 FOR VIOLATION OF THE EIGHTH AMENDMENT IS DISMISSED WITH PREJUDICE; DEFTS' MOTION TO DISMISS ARE DENIED AS TO ALL DEFTS' (EXCEPT JASON MCLEAN) MOTION TO DISMISS THE 42 USC, SSECTION 1983 CLAIM FOR VIOLATION OF EQUAL PROTECTION DUE TO PLFF'S STATUS AS A 'STATUS QUO SEX OFFENDER' IS DENIED. THOMAS' MOTION TO DISMISS THE CONSPIRACY CLAIM UNDER 42 USC, SECTION 1983(3) IS DENIED. THE THIRD AMENDED COMPLAINT MUST BE FILED NO LATER THAN 2/10/18.. SIGNED BY HONORABLE WENDY BEETLESTONE ON 1/10/18. 1/10/18 ENTERED AND COPIES MAILED TO PRO SE PLFF., E-MAILED TO COUNSEL.(pr, )