Coleman v. Edinger et al

Filing 26

ORDER (memorandum filed previously as separate docket entry)1. Defendants motion (Doc. 16) to dismiss is DENIED. 2. Defendants motion (Doc. 16) for summary judgment is GRANTED. The Clerk of Court shall ENTER judgment in favor of Defendants Edinger, J ordan and Fasciana and against Plaintiff. 3. Defendant PA John Doe 1-2 is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). 4. The Clerk of Court shall TERMINATE the United States as adefendant. The United States is improperly included on the docket; it is not a named defendant in this action. 5. The Clerk of Court is further directed to CLOSE this case. 6. Any appeal from this order is deemed frivolous and not in good faith. See 28 U.S.C. § 1915(a)(3). (eo)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA RONALD COLEMAN, Plaintiff, v. DOCTOR EDINGER, et al., Defendants. : : : : : : : 1:16-cv-0545 Hon. John E. Jones III ORDER February 24, 2017 NOW THEREFORE, upon consideration of Defendants’ motion (Doc. 16) to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1) and motion for summary judgment pursuant to Federal Rule of Civil Procedure 56, and in accordance with the Court’s Memorandum of the same date, it is hereby ORDERED that: 1. Defendants’ motion (Doc. 16) to dismiss is DENIED. 2. Defendants’ motion (Doc. 16) for summary judgment is GRANTED. The Clerk of Court shall ENTER judgment in favor of Defendants Edinger, Jordan and Fasciana and against Plaintiff. 3. Defendant “PA John Doe 1-2” is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). 4. The Clerk of Court shall TERMINATE the United States as a defendant. The United States is improperly included on the docket; it is not a named defendant in this action. 5. The Clerk of Court is further directed to CLOSE this case. 6. 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

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