DiPietro v. The Department of Corrections and Its Employees Listed Herein et al

Filing 121

ORDER: In accord with the accompanying Memorandum 120 . Dfts' mtn for Judgment on the Pleadings 91 is granted as follows: The mtn is granted as to any claim based on the Due Process Clause of the Fourteenth Amendment, and any due process claim in the amended complaint is dismissed. The following dfts are dismissed from this action: Barnacle, Glunt, Moore Smeal, Mundy, Rackovan, Tice, Vance, Varner, West, and Wetzel.Signed by Honorable William W. Caldwell on 10/16/17. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
NICODEMO DiPIETRO,
Plaintiff
vs.
THE DEPARTMENT OF
CORRECTIONS & ITS EMPLOYEES
LISTED HEREIN, et al.,
Defendants

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CIVIL NO. 1:CV-15-1137
(Judge Caldwell)

ORDER

AND NOW, this 16th day of October, 2017, upon consideration of
Defendants’ motion (Doc. 91) for judgment on the pleadings, it is ordered that the motion
is granted as follows:
1. The motion is denied as to the retaliation claims.
2. The motion is granted as to any claim based on the Due
Process Clause of the Fourteenth Amendment, and any due
process claim in the amended complaint is dismissed.
3. The following defendants are dismissed from this action:
Barnacle, Glunt, Moore Smeal, Mundy, Rackovan, Tice,
Vance, Varner, West, and Wetzel.

/s/William W. Caldwell
William W. Caldwell
United States District Judge