Holloway v. Lynch et al
Filing
31
ORDER (Memorandum #30 filed previously as separate docket entry) DENYING defts' MTD #4 , DENYING pltf's MSJ #11 as premature, & DENYING defts' motion #15 to strike pltf's sum jdgmt motion as MOOT. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 7/19/17. (ki)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
RAYMOND HOLLOWAY, JR.,
Plaintiff
v.
JEFFERSON B. SESSIONS, III,
Attorney General of the United
States, THOMAS E. BRANDON,
Acting Director of the Bureau of
Alcohol, Tobacco, Firearms and
Explosives, ANDREW MCCABE,1
Acting Director of the Federal
Bureau of Investigation, and the
UNITED STATES OF AMERICA,
Defendants
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CIVIL ACTION NO. 1:17-CV-81
(Chief Judge Conner)
ORDER
AND NOW, this 19th day of July, 2017, upon consideration of defendants’
motion (Doc. 4) to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6),
plaintiff’s motion (Doc. 11) for summary judgment pursuant to Federal Rule of Civil
Procedure 56, and defendants’ motion (Doc. 15) to strike plaintiff’s Rule 56 motion
as premature, and for the reasons stated in the accompanying memorandum, it is
hereby ORDERED that:
1
James B. Comey was Director of the Federal Bureau of Investigation
when the instant action was commenced against him in his official capacity. On May 9,
2017, Andrew McCabe succeeded James B. Comey as Acting Director of the Federal
Bureau of Investigation. Pursuant to Federal Rule of Civil Procedure 25(d), Andrew
McCabe is substituted as the defendant in this action. See FED. R. CIV. P. 25(d).
1.
Defendants’ motion (Doc. 4) to dismiss is DENIED.
2.
Plaintiff’s motion (Doc. 11) for summary judgment is DENIED as
premature.
3.
Defendants’ motion (Doc. 15) to strike plaintiff’s summary judgment
motion is DENIED as moot.
/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania
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