TAGGART v. UNITED STATES DEPARTMENT OF JUSTICE et al

Filing 41

MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND LACK OF SUBJECT MATTER JURISDICTION [#29] IS GRANTED AND TAGGART'S CLAIM FOR FIRST AMENDMENT RETALIATION IS DISMISSED WITHOUT PREJUDICE. TAGGART'S MOTION FOR RECONSIDERATION [#31] IS DENIED. TAGGART'S MOTION TO STRIKE [#34] IS DENIED. TAGGART'S MOTION TO WITHDRAW COMPLAINT WITHOUT PREJUDICE AND/OR AMEND COMPLAINT [#36] IS DENIED; THIS CASE SHALL BE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE GERALD J. PAPPERT ON 5/9/17. 5/9/17 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KENNETH TAGGART,
Plaintiff,

CIVIL ACTION
NO. 16-cv-04040

v.
UNITED STATES DEPARTMENT OF
JUSTICE, et al.,
Defendants.
ORDER

AND NOW, this 9th day of May, 2017, upon consideration of the following
motions and their responses, it is hereby ORDERED that:
1. Defendants’ motion to dismiss for failure to state a claim and lack of subject
matter jurisdiction, (ECF No. 29), is GRANTED and Taggart’s claim for First
Amendment retaliation is DISMISSED without prejudice;
2. Taggart’s motion for reconsideration, (ECF No. 31), is DENIED;
3. Taggart’s motion to strike, (ECF No. 34), is DENIED;
4. Taggart’s motion to withdraw complaint without prejudice and/or amend
complaint, (ECF No. 36), is DENIED;
5. This case shall be CLOSED for statistical purposes.

BY THE COURT:

/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.