McAllister v. Wiekl et al

Filing 40

ORDER (Memorandum 39 filed previously as separate docket entry) re: defts' MTD 15 - It is hereby ORDERED that: 1. Defts' motion 15 is GRANTED in part & DENIED in part.; 2. Deft's motion GRANTED as follows... (see Paras 2a-b for specifics).; 3. Defts' motion DENIED in all other respects.; 4. Defts DeRose, Weikel, Frakenstein, Hoch, Hoose & Smith shall file answer to pltf's amended complaint 14 or pretrial motin by 3/12/14. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 2/27/14. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

JAASON MCALLISTER,
Plaintiff
v.
JOSHUA WIEKL, et al.,
Defendants

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CIVIL ACTION NO. 1:12-CV-2273
(Chief Judge Conner)

ORDER
AND NOW, this 27th day of February, 2014, upon consideration of the motion
(Doc. 15) to dismiss filed on behalf of defendants Nichols, Weikel, Frankenstein,
Hoch, Hoose, Smith and Walborn, and in accordance with this Court’s
Memorandum of the same date, it is hereby ORDERED that:
1.

Defendants’ motion (Doc. 15) is GRANTED IN PART and DENIED IN
PART.

2.

Defendants’ motion is GRANTED as follows:
a.

The claims against defendants Nichols and Walborn are
dismissed in their entirety. The Clerk of Court is directed to
TERMINATE these defendants.

b.

The official capacity claims are dismissed as to defendants
Weikel, Frankenstein, Hoch, Hoose, and Smith.

3.

Defendants’ motion is DENIED in all other respects.

4.

Defendants DeRose, Weikel, Frankenstein, Hoch, Hoose, and Smith
shall file an answer to plaintiff’s amended complaint (Doc. 14) or
appropriate pretrial motion on or before March 12, 2014.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania