WOOLFOLK v. MEIER et al

Filing 18

ORDER THAT THE MOTION TO DISMISS, ECF NO. 12 , IS GRANTED IN PART AND DENIED IS PART AS FOLLOWS: A. THE MOTION IS GRANTED WITH RESPECT TO THE CLAIMS AGAINST DEFENDANTS MCFADDEN, FARRELL, COZZONE, AND KICHLINE, ALL CLAIMS AGAINST THESE DEFENDANTS ARE DISMISSED WITHOUT PREJUDICE, AND THESE DEFENDANTS ARE TERMINATED AS PARTIES TO THIS ACTION; B. THE MOTION IS GRANTED WITH RESPECT TO THE CLAIMS AGAINST DEFENDANT MEIER UNDER THE FIRST AND FOURTEENTH AMENDMENTS FOR ALLEGEDLY REMOVING WOOLFOLK FROM HI S PRISON JOB AND WORKERS CELL AND THESE CLAIMS ARE DISMISSED WITHOUT PREJUDICE; AND C. THE MOTION IS DENIED WITH RESPECT TO THE CLAIMS AGAINST DEFENDANT MEIER UNDER THE EIGHTH AND FOURTEENTH AMENDMENTS FOR ALLEGEDLY CALLING WOOLFOLK A SNITCH TO THE E XTENT THAT WOOLFOLKS BRIEF IN OPPOSITION TO THE MOTION TO DISMISS ASKS THAT THE COMPLAINT BE GRANTED, WOOLFOLKS MOTION, ECF NO. 15 , IS DENIED; IF WOOLFOLK WANTS TO RENEW ANY OF THE DISMISSED CLAIMS OR DEFENDANTS, HE MUST FILE AN AMENDED COMPLAINT N O LATER THAN FRIDAY, MAY 4, 2018. IF HE FAILS TO TIMELY FILE AN AMENDED COMPLAINT, THE CASE WILL PROCEED ONLY AGAINST DEFENDANT MEIER FOR CLAIMS UNDER THE EIGHTH AND FOURTEENTH AMENDMENTS FOR ALLEGEDLY CALLING WOOLFOLK A SNITCH; AND WOOLFOLKS REQUEST FOR THE APPOINTMENT OF COUNSEL, ECF NO. 16 , IS DENIED WITHOUT PREJUDICE. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 4/12/18. 4/13/18 ENTERED AND COPIES MAILED TO PRO SE, E-MAILED.(mas, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
MICHAEL WOOLFOLK,
Plaintiff,

:
:
:
v.
:
:
MEIER, CORRECTIONAL OFFICER,
:
EDWARD D. MCFADDEN, WARDEN,
:
TERENCE FARRELL, COMMISSIONER,
:
KATHI COZZONE, COMMISSIONER, and
:
MICHELLE KICHLINE, COMMISSIONER,
:
Defendants.
:
__________________________________________

No. 2:17-cv-03513

ORDER
AND NOW, this 12th day of April, 2018, for the reasons set forth in the Opinion issued
this date, IT IS ORDERED THAT:
1.

The Motion to Dismiss, ECF No. 12, is GRANTED in part and DENIED is

part as follows:
A.

The Motion is granted with respect to the claims against Defendants

McFadden, Farrell, Cozzone, and Kichline, all claims against these Defendants are
DISMISSED without prejudice, and these Defendants are TERMINATED as parties
to this action;
B.

The Motion is granted with respect to the claims against Defendant Meier

under the First and Fourteenth Amendments for allegedly removing Woolfolk from his
prison job and worker’s cell and these claims are DISMISSED without prejudice; and
C.

The motion is denied with respect to the claims against Defendant Meier

under the Eighth and Fourteenth Amendments for allegedly calling Woolfolk a snitch;

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2.

To the extent that Woolfolk’s brief in opposition to the Motion to Dismiss asks

that the Complaint be granted, Woolfolk’s motion, ECF No. 15, is DENIED;
3.

If Woolfolk wants to renew any of the dismissed claims or Defendants, he MUST

file an amended complaint no later than Friday, May 4, 2018. If he fails to timely file an
amended complaint, the case will proceed only against Defendant Meier for claims under the
Eighth and Fourteenth Amendments for allegedly calling Woolfolk a snitch; and
4.

Woolfolk’s request for the appointment of counsel, ECF No. 16, is DENIED

without prejudice.

BY THE COURT:

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

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