Whyte v. Centre County Correctional Facility et al

Filing 40

ORDER (memorandum filed previously as separate docket entry 39 ) - AND NOW, on this 15th day of July 2021, in accordance with the Memorandum issued concurrently with this Order, IT IS ORDERED THAT: 1. Defendants motion to dismiss (Doc. No. 36 ) is GRANTED IN PART and DENIED IN PART. SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Yvette Kane on 7/15/21. (dmn)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MAURICE L. WHYTE,
Plaintiff
v.
C.O. ROCKEY, et al.,
Defendants

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No. 1:21-cv-00124
(Judge Kane)

ORDER
AND NOW, on this 15th day of July 2021, in accordance with the Memorandum issued
concurrently with this Order, IT IS ORDERED THAT:
1.

Defendants’ motion to dismiss (Doc. No. 36) is GRANTED IN PART and
DENIED IN PART, as follows:
a. The motion (Doc. No. 36) is DENIED as to the following claims for
damages: (1) Plaintiff’s First Amendment retaliation claim against Defendants
Irwin, Hite, and Woods; (2) Plaintiff’s Fourteenth Amendment equal
protection claim against Defendants Irwin, Hite, and Woods; and (3)
Plaintiff’s Fourth Amendment claim against Defendants Millinder, Murphy,
and Rockey alleging that the strip search occurred in full view of other
inmates and staff members;
b. The motion (Doc. No. 36) is GRANTED as to all other claims asserted by
Plaintiff, including her claims for injunctive relief. Plaintiff may not file a
second amended complaint in this matter;

2.

Because the Court has disposed of all of Plaintiff’s claims against Defendant
Folk, the Clerk of Court is directed to terminate Folk as a Defendant in the abovecaptioned action;

3.

Plaintiff’s letter (Doc. No. 38), construed as a motion to appoint counsel, is
conditionally GRANTED. The Clerk of Corut shall forward a copy of this Order
to the Chair of the Federal Bar Association’s Pro Bono Committee, Michael A.
O’Donnell, Esq., O’Donnell Law Offices, 267 Wyoming Ave., Kingston,
Pennsylvania, 18704, for the purpose of obtaining counsel for Plaintiff; and

4.

All filing obligations and other deadlines are STAYED for forty-five (45) days
while Attorney O’Donnell attempts to find counsel to represent Plaintiff. Plaintiff
is advised that if the Court is unable to find counsel to represent her, she will be
required to continue with her case pro se.

s/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania

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