MCKINNEY v. NUTTER et al

Filing 13

ORDER THAT THE MOTION TO DISMISS, ECF NO. 7 , IS GRANTED; DEFENDANT VINCENT CORRIGAN IS DISMISSED WITH PREJUDICE; PLAINTIFFS CLAIM REGARDING THE PRISONS FAILURE TO RESPOND TO GRIEVANCES IS DISMISSED WITH PREJUDICE; ALL OF PLAINTIFFS REMAINING CLAIMS ARE DISMISSED WITHOUT PREJUDICE; AND PLAINTIFF MAY FILE AN AMENDED COMPLAINT NO LATER THAN MARCH 31, 2017, OR THIS ACTION WILL BE CLOSED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 3/8/17. 3/9/17 ENTERED AND COPIES MAILED TO PRO SE, E-MAILED.(mas, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA __________________________________________ DALE MCKINNEY, : : : v. : : MICHAEL NUTTER; LOUIS GIORLA; : M. FARRELL; MAJOR ABELLO; and : VINCENT CORRIGAN, : Defendants. : __________________________________________ Plaintiff, No. 2:15-cv-04671 ORDER AND NOW, this 8th day of March, 2017, for the reasons set forth in the Opinion issued this date, IT IS HEREBY ORDERED THAT: 1. The Motion to Dismiss, ECF No. 7, is GRANTED; 2. Defendant Vincent Corrigan is DISMISSED with prejudice; 3. Plaintiff’s claim regarding the prison’s failure to respond to grievances is DISMISSED with prejudice; 4. All of Plaintiff’s remaining claims are DISMISSED without prejudice; and 5. Plaintiff may file an amended complaint no later than March 31, 2017, or this action will be closed. BY THE COURT: /s/ Joseph F. Leeson, Jr.__________ JOSEPH F. LEESON, JR. United States District Judge

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