HOUSE v. DOE #1 et al, No. 2:2020cv02683 - Document 38 (E.D. Pa. 2021)

Court Description: ORDER THAT THE MOTIONS TO DISMISS, ECF NOS. 19 AND 22, ARE GRANTED, ETC. NO LATER THAN SEPTEMBER 30, 2021, HOUSE MAY FILE AN AMENDED COMPLAINT IN ACCORDANCE WITH THE OPINION ISSUED THIS DATE. IF HOUSE FAILS TO TIMELY FILE AN AMENDED COMPLAINT, ALL CLAIMS WILL BE DISMISSED WITH PREJUDICE AND THE CASE WILL BE CLOSED. THE CLERK OF COURT IS DIRECTED TO SEND COPIES OF THE OPINION AND ORDER TO THE PARTIES AT THE ADDRESSES OF RECORD, ETC. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 8/31/21. 8/31/21 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF AND E-MAILED.(er, )

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HOUSE v. DOE #1 et al Doc. 38 Case 2:20-cv-02683-JFL Document 38 Filed 08/31/21 Page 1 of 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA _____________________________________ JUAN HOUSE, Plaintiff, : : : v. : : JOHN DOE #1, et al., : Defendant. : _____________________________________ No. 2:20-cv-02683 ORDER AND NOW, this 31st day of August, 2021, for the reasons set forth in the Opinion issued this date, IT IS ORDERED THAT: 1. The Motions to Dismiss, ECF Nos. 19 and 22, are GRANTED. 2. The Complaint, ECF No. 1, is DISMISSED as follows: A. House’s claims that Defendants failed to respond to his grievances and about the timing, temperature, and lack of variety or a menu for Kosher meals are dismissed with prejudice. B. House’s claims that he was denied a nutritionally adequate diet in violation of the Eighth Amendment and that Defendants violated his equal protection rights by having him sign for his Kosher meals are dismissed without prejudice. 3. No later than September 30, 2021, House may file an amended complaint in accordance with the Opinion issued this date. If House fails to timely file an amended complaint, all claims will be dismissed with prejudice and the case will be closed. 4. The Clerk of Court is DIRECTED to send copies of the Opinion and Order to the parties at the addresses of record and, additionally, to: Juan House 1221 Race Street Philadelphia, PA 19107 BY THE COURT: /s/ Joseph F. Leeson, Jr._________ JOSEPH F. LEESON, JR. United States District Judge Dockets.Justia.com

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