Clemmons v. United States of America et al

Filing 122

ORDER (memorandum filed previously as separate docket entry)1. Defendants motion (Doc. 90) to dismiss is GRANTED with respect to Defendants Watts, Norwood, Hufford, Hudson, Brosious, Simonson, Ladd, and Fisher. The amended complaint is DISMISSED in i ts entirety with respect to these Defendants.2. Defendants motion (Doc 90) for summary judgment is GRANTED as to the United States and Defendants Mace-Leibson, Steffan and Lingenfelter. The Clerk of Court is directed to ENTER JUDGMENT in favor of the se Defendants and against the Plaintiff. 3. Plaintiffs motion (Doc. 118) to respond to the statute of limitations argument is DENIED as moot. 4. The Clerk of Court is directed to CLOSE this case. 5. 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

SEAN CHRISTOPHER
CLEMMONS,
Plaintiff,
v.
UNITED STATES OF AMERICA,
et al.,
Defendants.

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1:15-cv-2003
Hon. John E. Jones III

ORDER
March 20, 2017
NOW THEREFORE, upon consideration of Defendants’ motion (Doc. 90)
to dismiss pursuant to Federal Rule of Civil Procedure 12(b) and motion for
summary judgment pursuant to Federal Rule of Civil Procedure 56, and for the
reasons set forth in the Court’s Memorandum of the same date, it is hereby
ORDERED that:
1.

Defendants’ motion (Doc. 90) to dismiss is GRANTED with respect
to Defendants Watts, Norwood, Hufford, Hudson, Brosious,
Simonson, Ladd, and Fisher. The amended complaint is DISMISSED
in its entirety with respect to these Defendants.

2.

Defendants’ motion (Doc 90) for summary judgment is GRANTED as
to the United States and Defendants Mace-Leibson, Steffan and
Lingenfelter. The Clerk of Court is directed to ENTER JUDGMENT
in favor of these Defendants and against the Plaintiff.

3.

Plaintiffs motion (Doc. 118) to respond to the statute of limitations
argument is DENIED as moot.

4.

The Clerk of Court is directed to CLOSE this case.

5.

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