Ndaula v. Clinton County Correctional Facility et al

Filing 26

ORDER - In accord with the accompanying Memorandum 25 : 1. The mtn to dismiss 19 filed by Dfts Clinton County, CCCF, Hoover, and Kormanic is GRANTED IN PART and DENIED IN PART, as follows:a. GRANTED with respect to Pltfs § 1983 claims against these Dfts;b. DENIED with respect to Pltfs ADA claim against Dfts Clinton County and CCCF;2. The mtn to dismiss 23 filed by Dfts Well Path Care and Bainey is GRANTED in its entirety;3. Because the Court has resolved Pltfs claims against them, and because Pltf is not given leave to file a second amended complaint, Dfts Hoover, Kormanic, Bainey, and Well Path Care are DISMISSED, and the Clerk of Court is DIRECTED to terminate them as Dfts in this action;4. The above-captioned case will proceed as to Pltfs ADA claim against Dfts Clinton County and CCCF;5. Dfts Clinton County and CCCF are directed to file an answer to the amended complaint 13 within (14) days of the date of this Order; and6. The parties are directed to complete discovery within (6) months of the date on which Dfts Clinton County and CCCF file their answer. Signed by Honorable Sylvia H. Rambo on 12/30/20. (ma)

Case 1:20-cv-01160-SHR-EB Document 26 Filed 12/30/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ALEXANDER W. NDAULA,
Plaintiff
v.
CLINTON COUNTY
CORRECTIONAL
FACILITY, et al.,
Defendants

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No. 1:20-cv-1160
(Judge Rambo)

ORDER
AND NOW, on this 30th day of December 2020, in accordance with the
Memorandum issued concurrently with this Order, IT IS ORDERED THAT:
1.

The motion to dismiss (Doc. No. 19) filed by Defendants Clinton
County, CCCF, Hoover, and Kormanic is GRANTED IN PART and
DENIED IN PART, as follows:
a.

The motion (Doc. No. 19) is GRANTED with respect to
Plaintiff’s § 1983 claims against these Defendants;

b.

The motion (Doc. No. 19) is DENIED with respect to Plaintiff’s
ADA claim against Defendants Clinton County and CCCF;

2.

The motion to dismiss (Doc. No. 23) filed by Defendants Well Path
Care and Bainey is GRANTED in its entirety;

3.

Because the Court has resolved Plaintiff’s claims against them, and
because Plaintiff is not given leave to file a second amended complaint,
Defendants Hoover, Kormanic, Bainey, and Well Path Care are
DISMISSED, and the Clerk of Court is DIRECTED to terminate them
as Defendants in this action;

4.

The above-captioned case will proceed as to Plaintiff’s ADA claim
against Defendants Clinton County and CCCF;

Case 1:20-cv-01160-SHR-EB Document 26 Filed 12/30/20 Page 2 of 2

5.

Defendants Clinton County and CCCF are directed to file an answer to
the amended complaint (Doc. No. 13) within fourteen (14) days of the
date of this Order; and

6.

The parties are directed to complete discovery within six (6) months of
the date on which Defendants Clinton County and CCCF file their
answer.

s/ Sylvia H. Rambo
United States District Judge

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