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)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
RONALD COLEMAN,
Plaintiff,
v.
DOCTOR EDINGER, et al.,
Defendants.
:
:
:
:
:
:
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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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