NICHOLS v. BURNS et al

Filing 44

ORDER AS FOLLOWS: 1. DEFENDANTS' MOTION TO DISMISS, ECF NOS. 21 AND 38, ARE GRANTED. a. PLAINTIFF'S RETALIATION CLAIM IS DISMISSED WITH PREJUDICE. b. PLAINTIFF'S DELIBERATE INDIFFERENCE CLAIM IS DISMISSED WITHOUT PREJUDICE. c. PLAINTIF F'S CLAIMS AGAINST DEFENDANT BYRNE ARE DISMISSED WITHOUT PREJUDICE. d. PLAINTIFF'S CLAIMS AGAINST DEFENDANT CLARK ARE DISMISSED WITHOUT PREJUDICE. 2. PLAINTIFF IS PERMITTED LEAVE TO AMEND HIS AMENDED COMPLAINT WITH RESPECT TO HIS DELIBERATE INDIFFERENCE CLAIM IN ACCORDANCE WITH THE ACCOMPANYING MEMORANDUM OPINION. IF PLAINTIFF CHOOSES TO FILE A SECOND AMENDED COMPLAINT, HE MUST FILE THE SECOND AMENDED COMPLAINT NO LATER THAN JANUARY 4, 2016. 3. PLAINTIFF'S MOTION FOR LEAVE TO AMEN D, ECF NO. 30, IS DENIED AS MOOT. 4. PLAINTIFF'S MOTIONS TO COMPEL DISCOVERY, ECF NOS. 23, 32, 39, 40, AND 41 ARE DENIED WITHOUT PREJUDICE. 5. PLAINTIFF'S MOTION FOR APPOINTMENT OF COUNSEL, ECF NO. 31, IS DENIED WITHOUT PREJUDICE, ETC. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 12/4/2015. 12/7/2015 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF AND E-MAILED.(lbs, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
RONELL SHAMAR NICHOLS,
Plaintiff,
v.

:
:
:
:
DAVID BURNS, George W. Hill Correctional
:
Facility Warden,
:
CORRECTIONAL OFFICER GOKMAN,
:
CORRECTIONAL OFFICER SABINTINO, and :
CORRECTIONAL OFFICER SERGEANT
:
CLARK,
:
Defendants.
:
__________________________________________

No. 15-cv-0527

ORDER
AND NOW, this 4th day of December, 2015, upon consideration of Defendants’ Motions
to Dismiss Plaintiff’s Amended Complaint, ECF Nos. 21 and 38, Plaintiff’s Motions to Compel
Discovery, ECF Nos. 23, 32, 39, 40, and 41, Plaintiff’s Motion for Leave to Amend, ECF No.
30, and Plaintiff’s Motion for Appointment of Counsel, ECF No. 31, and for the reasons set forth
in the Memorandum Opinion issued this date, IT IS ORDERED as follows:
1. Defendants’ Motions to Dismiss, ECF Nos. 21 and 38, are GRANTED.
a. Plaintiff’s retaliation claim is DISMISSED with prejudice.
b. Plaintiff’s deliberate indifference claim is DISMISSED without prejudice.
c. Plaintiff’s claims against Defendant Byrne are DISMISSED without prejudice.
d. Plaintiff’s claims against Defendant Clark are DISMISSED without prejudice.
2. Plaintiff is permitted LEAVE TO AMEND his Amended Complaint with respect to his
deliberate indifference claim in accordance with the accompanying Memorandum

Opinion. If Plaintiff chooses to file a second amended complaint, he must file the second
amended complaint no later than January 4, 2016.
3. Plaintiff’s Motion for Leave to Amend, ECF No. 30, is DENIED as moot.
4. Plaintiff’s Motions to Compel Discovery, ECF Nos. 23, 32, 39, 40, and 41, are DENIED
without prejudice.
5. Plaintiff’s Motion for Appointment of Counsel, ECF No. 31, is DENIED without
prejudice.

BY THE COURT:

/s/ Joseph F. Leeson, Jr.__________
JOSEPH F. LEESON, JR.
United States District Judge

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