BOSOLD v. SCI-SOMERSET WARDEN et al

Filing 12

ORDER THAT THE MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART, ETC.. SIGNED BY HONORABLE JOHN R. PADOVA ON 12/28/11. 12/28/11 ENTERED AND COPIES E-MAILED.(fb)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JEFFERY LEE BOSOLD
v.
WARDEN, SCI-SOMERSET, ET AL.

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CIVIL ACTION

NO. 11-4292

ORDER
AND NOW, this 28th day of December, 2011, upon consideration of Defendants’ Motion to
Dismiss (Docket No. 9), and all documents filed in connection therewith, IT IS HEREBY ORDERED
that the Motion is GRANTED IN PART AND DENIED IN PART as follows:
1.

The Motion is DENIED insofar as it seeks dismissal of this action for improper venue
pursuant to Federal Rule of Civil Procedure 12(b)(3).

2.

The Motion is DENIED insofar as it seeks to transfer this action to the Middle or Western
District of Pennsylvania pursuant to 28 U.S.C. § 1404(a).

3.

The Motion is GRANTED insofar as it seeks dismissal of this action pursuant to Federal
Rule of Civil Procedure 12(b)(6). Count I of the Amended Complaint is DISMISSED
WITH PREJUDICE as to Plaintiff’s claim, brought pursuant to 42 U.S.C. § 1983, for
violation of his rights under the Fourth and Fifth Amendment and under the Due Process
Clause of the Fourteenth Amendment. Count II of the Amended Complaint is also
DISMISSED WITH PREJUDICE.

4.

Plaintiff may file a second amended complaint within 20 days of the date of this Order
asserting a claim pursuant to 42 U.S.C. §1983 for violation of his Eighth Amendment right
to be free of cruel and unusual punishment.
BY THE COURT:

/s/ John R. Padova
John R. Padova, J.