D’Angelo v. The School District of Philadelphia

Summary

The United States District Court for the Eastern District of Pennsylvania denied or dismissed as moot several motions filed by Guy D’Angelo and denied his motion to proceed under a pseudonym. The court dismissed with prejudice all claims against the individually named defendants and dismissed without prejudice the claims against the School District of Philadelphia. D’Angelo was granted thirty days to file a second amended complaint or to notify the court that he intended to stand on his amended complaint, with failure to respond resulting in a final dismissal order.

Holdings

1. The motion to proceed in forma pauperis was properly denied because the court had already granted that relief.
2. The motion to proceed under a pseudonym was denied.
3. The motion to excuse late filing was denied as moot.
4. All claims asserted against the individually named defendants were dismissed with prejudice.
5. All claims against the School District were dismissed without prejudice, and the plaintiff was permitted to file a complete second amended complaint within thirty days.
6. If the plaintiff does not file a second amended complaint or a notice stating an intent to stand on the amended complaint within thirty days, the court will treat the inaction as an intent to stand on the amended complaint and will issue a final order dismissing the case.

Questions Presented

1. Whether the plaintiff's motion to proceed in forma pauperis required action when that relief had already been granted.
2. Whether the plaintiff could proceed under a pseudonym.
3. Whether the motion to excuse a late filing presented a live issue.
4. Whether the amended complaint's claims against the individual defendants and the School District should be dismissed, and whether leave to amend should be granted.
5. Whether the plaintiff could be required to file a complete second amended complaint identifying all defendants and stating the factual basis for each claim.

Disposition

other