Smith v. Kale

Filing 42

ORDER (memorandum filed previously as separate docket entry) 1. Defendants motion (Doc. 23) is GRANTED. Plaintiffs complaint is DISMISSED in its entirety. 2. The Clerk of Court is further directed to CLOSE this case.3. 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
MICHAEL SMITH,
Plaintiff,
v.
ANDREW KALE,
Defendant.

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1:14-cv-2080
Hon. John E. Jones III

ORDER
September 23, 2015
NOW, THEREFORE, upon consideration of Defendant’s motion (Doc. 23)
to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), and in accordance
with the court’s Memorandum of the same date, IT IS HEREBY ORDERED
THAT:
1.

Defendant’s motion (Doc. 23) is GRANTED. Plaintiff’s complaint is
DISMISSED in its entirety.

2.

The Clerk of Court is further directed to CLOSE this case.

3.

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