McIntyre v. Kellinger

Filing 49

ORDER (memorandum filed previously as separate docket entry) 1. The motion (Doc. 31) for summary judgment is GRANTED. TheClerk of Court is directed to ENTER judgment in favor of DefendantKensinger and against Plaintiff on Counts I and IV of the compl aint.2. Counts II and III against Kensinger and unknown prison officials isDISMISSED pursuant to 28 U.S.C. §1915(e)(2)(B)(ii).3. The Court declines to exercise supplemental jurisdiction over thePlaintiffs state law claims found at Counts V-VIII. 28 U.S.C. §1367(c)(3).4. Plaintiffs motion (Doc. 44) to amend is DENIED.5. The Clerk of Court is directed to CLOSE this case.6. 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
JEROME MCINTYRE,
Plaintiff,
v.
LT. KELLINGER,
Defendant.

:
:
:
:
:
:
:

1:14-cv-1425
Hon. John E. Jones III

ORDER
February 24, 2017
NOW THEREFORE, upon consideration of the motion (Doc. 31) for
summary judgment pursuant to Federal Rule of Civil Procedure 56, and in
accordance with the Court’s Memorandum of the same date, it is hereby
ORDERED that:
1.

The motion (Doc. 31) for summary judgment is GRANTED. The
Clerk of Court is directed to ENTER judgment in favor of Defendant
Kensinger and against Plaintiff on Counts I and IV of the complaint.

2.

Counts II and III against Kensinger and “unknown prison officials” is
DISMISSED pursuant to 28 U.S.C. §1915(e)(2)(B)(ii).

3.

The Court declines to exercise supplemental jurisdiction over the
Plaintiff’s state law claims found at Counts V-VIII. 28 U.S.C. §
1367(c)(3).

4.

Plaintiff’s motion (Doc. 44) to amend is DENIED.

5.

The Clerk of Court is directed to CLOSE this case.

6.

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