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Civil Rights: Other | New Jersey
Order on Motion to Dismiss Order on Motion to Dismiss/Lack of Jurisdiction
TEXT ORDER: The Court has reviewed defendants' motions at ECF No. 24 and ECF No. 25 as well as plaintiff's opposition at ECF No. 27 . Plaintiff acknowledges pleading deficiencies in the amended complaint - which he attributes to his pro se status - and seeks leave to amend. (Id. pp. 2, 5.) Plaintiff's request to amend is granted. See Fed. R. Civ. P. 15(a)(2). Plaintiff shall file the second amended complaint no later than July 13, 2026. Plaintiff is advised that while pro se litigants are held to a less stringent standard than attorneys and their filings are construed liberally, "pro se parties must still ultimately 'abide by the same rules that apply to all other litigants.''' Freeman v. Lincalis, 158 F.4th 166, 175 (3d Cir. 2025) (citation omitted). Further, the filing of an amended complaint renders its predecessor a nullity. See Garrett v. Wexford Health, 938 F.3d 69, 82 (3d Cir. 2019). In light of plaintiff's previous opportunity to amend, the Court will consider dismissal with prejudice if potential future motion practice demonstrates persisting pleading deficiencies. See Riboldi v. Warren Cnty. Dep't of Hum. Servs., 781 F. App'x 44, 47 (3d Cir. 2019) (affirming the district court's conclusion that leave to amend would have been futile given the pro se plaintiff's two prior opportunities to amend). The motions at ECF No. 24 and ECF No. 25 are administratively terminated as moot. So Ordered by Judge Edward S. Kiel on 6/24/2026 (gn)
Brief in Opposition to Motion
OMNIBUS BRIEF in Opposition filed by DOMENIC SCAGLIONE re 24 MOTION to Dismiss Amended Complaint MOTION to Dismiss for Lack of Jurisdiction Amended Complaint, 25 First MOTION to Dismiss . (Received via ADS on 6/22/2026) (Attachments: # 1 Text of Proposed Order)(kes, )
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