ARAOYE v. VILSACK

Filing 61

MEMORANDUM AND ORDER THAT DEFENDANTS HARRISON, NIEMI AND JEMMERSON ARE DISMISSED WITH PREJUDICE FROM THIS CASE AS OUTLINED HEREIN. FURTHER ORDERED PLAINTIFFS MOTION FOR SUMMARY JUDGMENT IS DENIED. VILSACKS MOTION FOR SUMMARY JUDGMENT IS GRANTED. CLERK OF COURT IS DIRECTED TO TERMINATE THIS MATTER AND MARK IT CLOSED. SIGNED BY HONORABLE WENDY BEETLESTONE ON 2/5/24. 2/5/24 ENTERED AND COPIES E-MAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SAMUEL O. ARAOYE a/k/a
ELLSWORTH D.,
Plaintiff,

:

CIVIL ACTION

v.
NO. 23-1331
THOMAS J. VILSACK, JOSEPH
HARRISON, STEPHANIE NIEMI, and
DENNIS JEMMERSON,
Defendants.
ORDER
AND NOW, this 5th of February 2024, upon consideration of Defendants’ Motion to
Dismiss and Substitute Certain Defendants (ECF No. 53), Plaintiff’s response thereto (ECF No.
54), and the parties’ Cross-Motions for Summary Judgment (ECF Nos. 55-59), it is HEREBY
ORDERED that Defendants Joseph Harrison, Stephanie Niemi, and Dennis Jemmerson are
DISMISSED from this case and Plaintiff’s claims for damages under Bivens v. Six Unknown
Agents of the Fed. Bureau of Narcotics, 403 U.S. 388 (1971), are DISMISSED WITH
PREJUDICE.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Summary Judgment is
DENIED, and Defendant Thomas J. Vilsack’s Motion for Summary Judgment is GRANTED.
The Clerk of Court is directed to TERMINATE this matter and mark it CLOSED.
BY THE COURT:
/S/WENDY BEETLESTONE, J.
_______________________________
WENDY BEETLESTONE, J.