Muth v. Woodring et al

Filing 61

ORDER (memorandum filed previously as separate docket entry. IT IS ORDERED THAT: 1. Defendants Shriver and Harrisburg's motion 27 to dismiss count 1 of Plaintiffs amended complaint is GRANTED, and count 1 is DISMISSED asto Defendant Shriver; 2 . Defendants Woodring and Dauphin Countys motion 55 for judgment on the pleadings is GRANTED in its entirety, and counts 1 and 2 are DISMISSED as to Defendant Woodring, and count 3 is DISMISSED as toDefendant Dauphin County; and 3. The Clerk of Court is directed to CLOSE the case. Signed by Honorable Yvette Kane on 8/17/17. (rw) Modified on 8/17/2017 (rw).

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
RONALD E. MUTH,
Plaintiff
v.
DENNIS A. WOODRING, et al.,
Defendants

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No. 1:14-cv-01798
(Judge Kane)

ORDER
AND NOW, this 17th day of August 2017, upon consideration of the Judgment of the
United States Court of Appeals for the Third Circuit vacating this Court’s November 30, 2015
Order denying Defendant Shriver’s motion to dismiss count 1 of Plaintiff’s amended complaint
(Doc. Nos. 53, 54, and 54-1), and Defendants Woodring and Dauphin County’s Motion for
Judgment on the Pleadings (Doc. No. 55), as well as the briefs supporting that motion (Doc. Nos.
56, 59), and Plaintiff’s brief in opposition to the motion (Doc. No. 58), IT IS ORDERED
THAT:
1.

Defendants Shriver and Harrisburg’s motion to dismiss count 1 of Plaintiff’s
amended complaint (Doc. No. 27), is GRANTED, and count 1 is DISMISSED as
to Defendant Shriver;

2.

Defendants Woodring and Dauphin County’s motion for judgment on the
pleadings (Doc. No. 55), is GRANTED in its entirety, and counts 1 and 2 are
DISMISSED as to Defendant Woodring, and count 3 is DISMISSED as to
Defendant Dauphin County; and

3.

The Clerk of Court is directed to CLOSE the case.

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