Green v. Commonwealth of Pennsylvania, Department of Corrections et al

Filing 40

ORDER (Memorandum 39 filed previously as separate docket entry) GRANTING defts' motion to dismiss 21 , DENYING pltf's motion for sanctions 32 , directing Clrk of Ct to CLOSE case, & noting any appeal from this order deemed frivolous & not in good faith. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 3/12/15. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
TYRONE GREEN,

:
:
Plaintiff
:
:
v.
:
:
COMMONWEALTH OF
:
PENNSYLVANIA, DEPARTMENT :
OF CORRECTIONS, BICKEL,
:
SETTLE, TAYLOR, MORRISON,
:
ECKARD GARMEN, HOLTZ,
:
:
Defendants
:

CIVIL ACTION NO. 1:13-CV-2978
(Chief Judge Conner)

ORDER
AND NOW, this 12th day of March, 2015, upon consideration of defendants’
motion (Doc. 21) to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), it
is hereby ORDERED that:
1.

Defendants’ motion (Doc. 21) is GRANTED. The amended complaint
(Doc. 17) is DISMISSED in its entirety.

2.

Plaintiff’s motion (Doc. 32) for sanctions is DENIED.

3.

The Clerk of Court is directed to CLOSE this case.

4.

Any appeal from this order is deemed frivolous and not in good faith.
See 28 U.S.C. § 1915(a)(3).
/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania