Mohamad v. Mooney et al

Filing 65

***AMENDED*** ORDER (memorandum filed previously as separate docket entry). ORDER (memorandum filed previously as separate docket entry). (1) The Motion to Dismiss filed by Defendants Boguslaw, Davis and Mocklock 40 is GRANTED.(a) All claims raised against Defendants Boguslaw, Davis and Mocklock in Plaintiffs Complaint 1 are DISMISSED without prejudice. (2) Defendant Harrolds Motion to Dismiss 42 is GRANTED. (a) All claims raised against Defendant Herrold in Plaintiffs Complaint 1 are DI SMISSED without prejudice.(3) The Motion to Dismiss filed by Defendants Wetzel, Mooney, Luscavage, Miller, Yackiel, Baumbach, Martino, Brumfield, Jellen, Wilson, and Duncan 47 is GRANTED in part and DENIED in part. (a) Plaintiff may proceed on his First Amendment Free Exercise and Fourteenth Amendment Equal Protection claims against Defendants Wetzel, Mooney, Luscavage, Miller, Baumbach, Brumfield, and Duncan for the denial of religious meals in the RHU. (b) All other claims raised against Def endants Wetzel, Mooney, Luscavage, Miller, Yackiel, Baumbach, Martino, Brumfield, Jellen, Wilson, and Duncan are DISMISSED without prejudice. (4) Plaintiffs Motion for Default Judgment is DENIED 56 .(5) Plaintiffs Motion for a Preliminary Injunction is DENIED 58 . Signed by Honorable A. Richard Caputo on 8/9/18. (dw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
YASSIN HAYTHAME MOHAMAD
CIVIL ACTION NO. 1:15-CV-00287
Plaintiff,
(JUDGE CAPUTO)

v.
VINCENT MOONEY, et al.,
Defendants.

AMENDED ORDER

NOW, this 9th day of August, 2018, IT IS HEREBY ORDERED that:
(1)

The Motion to Dismiss filed by Defendants Boguslaw, Davis and Mocklock
(Doc. 40) is GRANTED.
(a)

All claims raised against Defendants Boguslaw, Davis and Mocklock
in Plaintiff’s Complaint (Doc. 1) are DISMISSED without prejudice.

(2)

Defendant Harrold’s Motion to Dismiss (Doc. 42) is GRANTED.
(a)

All claims raised against Defendant Herrold in Plaintiff’s Complaint
(Doc. 1) are DISMISSED without prejudice.

(3)

The Motion to Dismiss filed by Defendants Wetzel, Mooney, Luscavage,
Miller, Yackiel, Baumbach, Martino, Brumfield, Jellen, Wilson, and Duncan
(Doc. 47) is GRANTED in part and DENIED in part.
(a)

Plaintiff may proceed on his First Amendment Free Exercise and
Fourteenth Amendment Equal Protection claims against Defendants
Wetzel, Mooney, Luscavage, Miller, Baumbach, Brumfield, and
Duncan for the denial of religious meals in the RHU.

(b)

All other claims raised against Defendants Wetzel, Mooney,
Luscavage, Miller, Yackiel , Baumbach, Martino, Brumfield, Jellen,
Wilson, and Duncan are DISMISSED without prejudice.

(4)

Plaintiff’s Motion for Default Judgment is DENIED (Doc. 56).

(5)

Plaintiff’s Motion for a Preliminary Injunction is DENIED (Doc. 58).

/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge

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