MILLER v. PA DEPARTMENT OF CORRECTIONS et al

Filing 24

ORDER THAT DEFTS' MOTIONS TO DISMISS (DOC. NOS. 12 AND 20) ARE GRANTED. PLFF'S COMPLAINT IS DISMISSED WITH PREJUDICE AS TO THE EIGHTH AMENDMENT AND FOURTEENTH AMENDMENT CLAIMS, AND IS DISMISSED WITHOUT PREJUDICE AS TO THE FIRST AMENDMENT CLAIMS AS EXPLAINED IN THE MEMORANDUM OPINION. IT IS FURTHER ORDERED THAT THE CLERK SHALL CLOSE THIS CASE.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/26/13. 3/27/13 ENTERED AND COPIES MAILED TO PRO SE PLFF., MAILED AND E-MAILED TO COUNSEL.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
:
:
:
:
:
PA DEPARTMENT OF CORRECTIONS, et al. :
Defendants.
:
__________________________________________:
MICHAEL S. MILLER
Plaintiff,
v.

CIVIL ACTION NO. 12-3040

ORDER
AND NOW, this 26th day of March 2013, upon consideration of Defendants’ Motions to
Dismiss [Doc. Nos. 12 and 20], to which no response has been filed, and for the reasons stated in
the accompanying memorandum opinion, it is hereby ORDERED that the Motions are
GRANTED. Plaintiff’s Complaint is DISMISSED WITH PREJUDICE as to the Eighth
Amendment and Fourteenth Amendment Claims, and is DISMISSED WITHOUT
PREJUDICE as to the First Amendment Claims as explained in the memorandum opinion.
It is further ORDERED that the Clerk shall CLOSE the case.
It is so ORDERED.

BY THE COURT:
/s/ Cynthia M. Rufe
_____________________
CYNTHIA M. RUFE, J.