Davis v. Bittenbender et al

Filing 66

ORDER (memorandum filed previously as separate docket entry) 1. Defendants motion (Doc. 60) for summary judgment is GRANTED. 2. The Clerk of Court is directed to ENTER judgment in favor of Defendants Bittenbender, Norwood, and Truman and against the Plaintiff. 3. The complaint against Defendant John Doe is DISMISSED pursuant to 28 U.S.C. §1915(e)(2)(B)(ii). 4. The Clerk of Court is directed to CLOSE this matter. 5. Any appeal from this order is DEEMED frivolous and not in good faith. See 28 U.S.C. § 1915(a)(3). (eo)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JOSEPH LEE DAVIS,
Plaintiff,
v.
KEVIN BITTENBENDER, et al.,
Defendants.

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1:13-cv-2660
Hon. John E. Jones III

ORDER
February 12, 2016
Upon consideration of Defendants’ motion (Doc. 60) to dismiss or, in the
alternative for summary judgment, and for the reasons stated in the Court’s
memorandum of the same date, IT IS HEREBY ORDERED THAT:
1. Defendants’ motion (Doc. 60) for summary judgment is GRANTED.
2. The Clerk of Court is directed to ENTER judgment in favor of
Defendants Bittenbender, Norwood, and Truman and against the Plaintiff.
3. The complaint against Defendant John Doe is DISMISSED pursuant to
28 U.S.C. §1915(e)(2)(B)(ii).
4. The Clerk of Court is directed to CLOSE this matter.
5. Any appeal from this order is DEEMED frivolous and not in good
faith. See 28 U.S.C. § 1915(a)(3).

s/ John E. Jones III
John E. Jones III
United States District Judge
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