Dorman v. Harris

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ALAN EDWARD DORMAN, Plaintiff, : v. : Civil Action No. 18-1045-RGA CURTIS HARRIS, Defendant.

MEMORANDUM ORDER At Wilmington, this 15 day of November, 2019, having considered Defendant's motion to dismiss (D.1. 16) and Plaintiffs motion for leave to file a second amended complaint (D.1. 18); IT IS ORDERED that: (1) Defendant's motion to dismiss (D.|. 16) is DENIED; (2) Plaintiffs motion for leave to file a second amended complaint (D.I. 18) is GRANTED; and (3) the Clerk of Court is directed to docket the proposed second amended complaint, for the following reasons: th Plaintiff Alan Edward Dorman, an inmate at the Sussex Correctional Institution in Georgetown, Delaware, proceeds pro se and has been granted leave to proceed in forma pauperis. (D.|. 5). On December 17, 2018, The Court screened the amended complaint, identified what appeared to be cognizable and non-frivolous 42 U.S.C. § 1983 claims within the meaning of 28 U.S.C. § 1915A(b) and § 1915(e)(2)(B), and entered a service order. (D.I. 10). On May 17, 2019, Defendant filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6). (D.I. 16).

2. The legal standard used when screening prisoner cases is identical to the Rule 12(b)(6) dismissal standard. See Tourscher v. McCullough, 184 F.3d 236, 240 (3d Cir. 1999). Nothing has changed since the amended complaint was screened. In addition, the Court must liberally construe the amended complaint. In doing so, | find its allegations sufficient to withstand the instant motion to dismiss and, therefore, | will deny Defendant’s motion to dismiss the amended complaint 3. On June 3, 2019, Plaintiff filed a motion for leave to file a second amended complaint and provided the Court with a proposed copy. (D.I. 18). Defendant opposes the motion and argues that the proposed second amended complaint fails to state a claim upon which relief may be granted. Once again, the Court liberally construes the allegations in the proposed second amended complaint and finds they suffice to withstand Defendant’s opposition. | will grant Plaintiff's motion for leave to file a second amended complaint and will order that the Clerk of Court file the proposed second amended complaint.