Romero et al v. Johnson et al

Filing 58

ORDER (memorandum filed previously as separate docket entry) - IT IS ORDERED that 1) The Motion to Dismiss is GRANTED in part and DENIED in part as follows:a) Pltfs Fourteenth Amendment claim of denial of due process due to thedenial of prison griev ance forms is DISMISSED with prejudice. b) Pltfs Fourteenth Amendment claim of racial discrimination is DISMISSED w/o prejudice.c) Defts motion to dismiss Pltfs Eighth Amendment claim of cruel and unusual punishment is DENIED. d) Defts motion to dismiss Pltfs First Amendment claim of retaliation is DENIED. 2) Defts shall file an answer as to the remaining claims in the complaint within twenty (20) days from the date of this Order. 47 Signed by Honorable Yvette Kane on 3/20/15. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MATTHEW J. ROMERO, et al.,

:
:
:
:
:
:
:
:
:

Plaintiffs
v.
WARDEN ROY JOHNSON, et al.,
Defendants

CIVIL NO. 1:13-CV-00591
(Judge Kane)

ORDER

NOW, THEREFORE, THIS 20th DAY OF MARCH, 2015, upon consideration of
Defendants’ Motion to Dismiss (Doc. No. 47) and for the reasons set forth in the accompanying
Memorandum, IT IS HEREBY ORDERED THAT:
1) The Motion to Dismiss is GRANTED in part and DENIED in part as follows:
a) Plaintiffs’ Fourteenth Amendment claim of denial of due process due to the
denial of prison grievance forms is DISMISSED with prejudice.
b) Plaintiffs’ Fourteenth Amendment claim of racial discrimination is
DISMISSED without prejudice.
c) Defendants’ motion to dismiss Plaintiffs’ Eighth Amendment claim of cruel
and unusual punishment is DENIED.
d) Defendants’ motion to dismiss Plaintiffs’ First Amendment claim of retaliation
is DENIED.

2) Defendants shall file an answer as to the remaining claims in the complaint within
twenty (20) days from the date of this Order.

s/ Yvette Kane
YVETTE KANE
United States District Judge
United States District Court
Middle District of Pennsylvania