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)

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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 : : : : : : : : : : : : : : : : : 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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