MASSAQUOI v. HASKINS et al

Filing 42

ORDERED AS FOLLOWS: 1. DEFENDANTS MOTION TO DISMISS (DOCKET NO. 19) IS GRANTED; 2. PLAINTIFFS CLAIMS AS TO DEFENDANTS WADELL, BLACK, LAWTON AND PHILADELPHIA PRISON SYSTEM HEALTH SERVICES ARE DISMISSED WITH LEAVE TO AMEND WITHIN TWENTY (20) DAYS OF T HE DATE OF THIS ORDER, IF PLAINTIFF CAN DO SO IN ACCORDANCE WITH THE FEDERAL RULES OF CIVIL PROCEDURE; AND 3. PLAINTIFFS CLAIMS AGAINST DEFENDANTS POTE AND MOLINA FOR THE SEARCH OF HIS CELL, THE STRIP SEARCH, THE LOSS OF HIS PERSONAL PROPERTY AND THE ALLEGED FALSE MISCONDUCT REPORT ARE DISMISSED WITH PREJUDICE.. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 8/10/2016. 8/11/2016 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF.(lbs, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MANNA MASSAQUOI,
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Plaintiff,
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CIVIL ACTION
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NO. 14-4466
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v.
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CAPTAIN HASKINS, SERGEANT
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P. POTE, SERGEANT MOLINA, OFFICER
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WADELL, OFFICER BLACK, WILLIAM E.
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LAWTON, and PHILA. PRISON SYSTEM
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HEALTH SERVICES,
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Defendants.
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ORDER
AND NOW, this 10th

day of August, 2016, upon consideration of Defendants’

Motion to Dismiss (Docket No. 30) and Memorandum of Law in support, as well as Plaintiff’s
opposition thereto, and the Amended Complaint in this matter, it is hereby ORDERED as follows:
1. Defendants’ Motion to Dismiss (Docket No. 19) is GRANTED;
2. Plaintiff’s claims as to Defendants Wadell, Black, Lawton and Philadelphia Prison
System Health Services are DISMISSED with leave to amend within twenty (20)
days of the date of this order, if Plaintiff can do so in accordance with the Federal
Rules of Civil Procedure; and
3. Plaintiff’s claims against Defendants Pote and Molina for the search of his cell, the
strip search, the loss of his personal property and the alleged false misconduct report
are DISMISSED with prejudice.
BY THE COURT:

/s/ Jeffrey L. Schmehl
Jeffrey L. Schmehl, J.