Williams v. Lackawanna County Prison et al

Filing 37

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED THAT: 1) Defendants Motion to Dismiss (Doc. No. 14) is GRANTED IN PART. 2) Plaintiffs Motion to for Leave to Supplement the Complaint (Doc. No. 33) is GRANTED. Plaintiffs proposed supplemental complaint (Doc. No. 34) is accepted for filing and shall be docketed as the Supplemental Complaint. 33 35 14 Signed by Honorable Yvette Kane on 8/10/15. SEE ORDER FOR DETAILS. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
GARY WILLIAMS,
Plaintiff
v.
LACKAWANNA COUNTY PRISON, et al.,,
Defendants

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CIVIL NO. 1:13-CV-00849
(Judge Kane)

ORDER
NOW, THEREFORE, THIS 10th DAY OF AUGUST, 2015, upon consideration of
Defendants’ motion to dismiss (Doc. No. 14), Plaintiff’s motion for leave to supplement the
complaint (Doc. No. 33), Plaintiff’s motion for joinder (Doc. No. 35), and for the reasons set
forth in the accompanying Memorandum, IT IS HEREBY ORDERED THAT:
1) Defendant’s Motion to Dismiss (Doc. No. 14) is GRANTED IN PART as follows:
a) Plaintiff’s claim of violation of his right of access to the courts is
DISMISSED;
b) Plaintiff’s claims regarding the unresponsiveness of the prison grievance
system are DISMISSED;
c) Plaintiff’s claim of violation of his First Amendment rights due to the opening
of his legal mail outside of his presence shall be allowed to proceed;
2) Plaintiff’s Motion to for Leave to Supplement the Complaint (Doc. No. 33) is
GRANTED. Plaintiff’s proposed supplemental complaint (Doc. No. 34) is accepted for filing
and shall be docketed as the Supplemental Complaint.
3) All claims in the Supplemental Complaint against Warden McMillan, Assistant
Warden Langan, Captain Yavorski, Lieutenant Murray, Disciplinary Hearing Officer Fanning,

and Sergeant Kennedy are hereby DISMISSED.
3) Plaintiff’s motion for joinder (Doc. No. 35) is hereby DENIED.

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