CORREA v. BROWN et al

Filing 44

ORDER THAT DEFENDANTS MOTION TO DISMISS THE AMENDED COMPLAINT [DOC. 27] IS GRANTED. THE AMENDED COMPLAINT IS DISMISSED AS TO DEFENDANTS MAINTENANCE MAN SAM DOE, CORRECTIONAL OFFICER SMITH, LIEUTENANT HOWLUS, LIEUTENANT ASHLEY, SERGEANT NICE, COU NSELOR VASQUEZ, CCPM TERRA, SECURITY CAPTAIN TERRA, MAJOR GINA CLARK, DEPUTY SCIERA AND HEARING EXAMINER YODER PURSUANT TO 28 U.S.C. § 1915(E)(2)(B) (II). THE AMENDED COMPLAINT IS DISMISSSED AS TO DEFENDANTS CORRECTIONAL OFFICER SANDRA BROW N, CORRECTIONAL OFFICER JEROME BLOOM, CORRECTIONAL OFFICER CARL JOHNSON, CORRECTIONAL OFFICER ROBERTO CASTILLO, CORRECTIONAL OFFICER PAMELA WALTERS, LIEUTENANTS TROY MCGREER AND JAMES BARNACLE IN THEIR OFFICIAL CAPACITIES PURSUANT TO RULE 12(B)(6 ) OF THE FEDERAL RULES OF CIVIL PROCEDURE AND IN THEIR INDIVIDUAL CAPACITIES PURSUANT TO RULE 12(6) OF THE FEDERAL RULES OF CIVIL PROCEDURE. THE MOTION OF THE PLAINTIFF FOR AN EMERGENCY INJUNCTION [DOC. 34] IS DENIED. THE MOTION OF THE PLAINTIFF FOR DEPOSITION [DOC. 24] IS DENIED AS MOOT. THE MOTION OF THE PLAINTIFF FOR DEPOSITION HEARINGS [DOC. 26] IS DENIED AS MOOT. THE CLERK IS DIRECTED TO MARK THIS CASE TERMINATED. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 3/8/19. 3/8/19 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF AND E-MAILED.(er, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
GABRIEL CORREA
v.
C/O S. BROWN, et al.

: CIVIL ACTION
:
: NO. 17-4481
:
:

ORDER
AND NOW, this 8th day of March, 2019, upon consideration of the
defendants’ motion to dismiss the amended complaint and all responses and replies
thereto, it is hereby ORDERED that:
1. Defendants’ motion to dismiss the amended complaint [Doc. 27] is
GRANTED.
2. The amended complaint is DISMISSED as to defendants Maintenance Man
Sam Doe, Correctional Officer Smith, Lieutenant Howlus, Lieutenant Ashley,
Sergeant Nice, Counselor Vasquez, CCPM Terra, Security Captain Terra,
Major Gina Clark, Deputy Sciera and Hearing Examiner Yoder pursuant to 28
U.S.C. § 1915(e)(2)(B)(ii).
3. The amended complaint is DISMISSSED as to defendants Correctional Officer
Sandra Brown, Correctional Officer Jerome Bloom, Correctional Officer Carl
Johnson, Correctional Officer Roberto Castillo, Correctional Officer Pamela
Walters, Lieutenants Troy McGreer and James Barnacle in their official
capacities pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure
and in their individual capacities pursuant to Rule 12(6) of the Federal Rules
of Civil Procedure..

4. The motion of the Plaintiff for an emergency injunction [Doc. 34] is DENIED.
5. The motion of the Plaintiff for deposition [Doc. 24] is DENIED as moot.
6. The motion of the Plaintiff for deposition hearings [Doc. 26] is DENIED as
moot.
7. The Clerk is DIRECTED to mark this case terminated.
.
BY THE COURT:

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