Walker v. Ebbert et al

Filing 41

ORDER: In accord with the accompnaying Memorandum 40 ; 1. Dfts mtn to dismiss 20 is GRANTED.2. Pltfs due process claims are DISMISSED with prejudice.3. Pltf is granted (21) days from the date hereof to file a second amended complaint with regard to his Eighth Amendment claims. Failure to file a second amended complaint will result in the dismissal of this action. Signed by Honorable Sylvia H. Rambo on 9/18/17. (ma)

UNITED STATES DISTRICT COURT
FOR THEMIDDLE DISTRICT OF PENNSYLVANIA
CEDRIC TYRONE WALKER,
Plaintiff
vs.
WARDEN DAVID J. EBBERT,
et al.,
Defendants

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No. 1:16-CV-02387
(Judge Rambo)

ORDER
AND NOW, THIS 18th day of September, 2017, upon consideration of
Defendants’ motion to dismiss (Doc. No. 20), and brief in support (Doc. No. 21),
and Plaintiff’s briefs in opposition (Doc. Nos. 24, 34), and in accordance with the
accompanying Memorandum, IT IS ORDERED THAT:
1. Defendants’ motion to dismiss (Doc. No. 20), is GRANTED.
2. Plaintiff’s due process claims are DISMISSED with prejudice.
3. Plaintiff is granted twenty-one (21) days from the date hereof to file a
second amended complaint with regard to his Eighth Amendment claims.
Failure to file a second amended complaint will result in the dismissal of
this action.
s/Sylvia H. Rambo
SYLVIA H. RAMBO
United States District Judge