ALSTON v. WENEROWICZ et al

Filing 12

ORDER THAT DEFT'S MOTION TO DISMISS THE COMPLAINT AGAINST DEFTS. MOORE, WENEROWICZ, ONDREJKA, EDWARDS, AND SHAYLOR (DOC. NO. 10) IS GRANTED AS FOLLOWS: PLFF'S IMPROPER GRIEVANCE PROCESSING CLAIM IS DISMISSED WITH PREJUDICE; PLFF'S DELI BERATE INDIFFERENCE, RETALIATION, AND CONSPIRACY CLAIMS ARE DISMISSED WITHOUT PREJUDICE TO PLFF'S RIGHT TO FILE AN AMENDED COMPLAINT. IT IS FURTHER ORDERED THAT PLFF. IS GRANTED LEAVE TO FILE AN AMENDED COMPLAINT NO LATER THAN 4/16/15.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/26/15. 3/27/15 ENTERED AND COPIES MAILED TO PRO SE PLFF., E-MAILED TO COUNSEL, 1 COPY TO THE LEGAL BIN.(pr, )

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
MALIK ALSTON,
:
Plaintiff,
:
:
v.
:
CIVIL ACTION NO. 14-2691
:
WENEROWICZ, et al.,
:
Defendants
:
ORDER
AND NOW, this 26th day of March 2015, upon consideration of Defendant’s Motion to
Dismiss the Complaint against Defendants Moore, Wenerowicz, Ondrejka, Edwards, and
Shaylor [Doc. No. 10], it is hereby ORDERED that Defendant’s Motion is GRANTED as
follows:
1. Plaintiff’s improper grievance processing claim is DISMISSED WITH PREJUDICE;
2. Plaintiff’s deliberate indifference, retaliation, and conspiracy claims are DISMISSED
WITHOUT PREJUDICE to Plaintiff’s right to file an amended complaint.
It is FURTHER ORDERED that Plaintiff is granted leave to file an amended complaint no later
than April 16, 2015.
IT IS SO ORDERED.
BY THE COURT:

/s/ Cynthia M. Rufe
______________________
CYNTHIA M. RUFE, J.