Terantino v. Fortson et al
ORDER (memorandum filed previously as separate docket entry) - it is hereby ORDERED that the DOC defendants motion (Doc. 14 ) to dismiss is GRANTED in its entirety. Defendant Fortsons motion (Doc. 20 ) to dismiss is DENIED. Terantino, if desired, may file an amended complaint that addresses the deficiencies identified in the accompanying memorandum. SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Christopher C. Conner on 5/6/2022. (mw)
Case 1:21-cv-01248-CCC-MP Document 25 Filed 05/06/22 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
FAWN FORTSON, ROBERT LYNCH, :
PAULA PRICE, KEVIN KAUFFMAN, :
and JOHN WETZEL,
CIVIL ACTION NO. 1:21-CV-1248
AND NOW, this 6th day of May, 2022, upon consideration of defendants’
motions (Docs. 14, 20) to dismiss pursuant to Federal Rule of Civil Procedure
12(b)(6), and for the reasons set forth in the accompanying memorandum, it is
hereby ORDERED that:
The DOC defendants’ motion (Doc. 14) to dismiss is GRANTED in its
Defendant Fortson’s motion (Doc. 20) to dismiss is DENIED.
Terantino, if desired, may file an amended complaint that addresses
the deficiencies identified in the accompanying memorandum within
21 days of the date of this order, or by May 27, 2022. If no amended
complaint is timely filed, this case will proceed against Fortson only.
Defendant Fortson may renew her challenge regarding failure to
exhaust administrative remedies via a motion for summary judgment
under Federal Rule of Civil Procedure 56 and Local Rule of Court 56.1.
/S/ CHRISTOPHER C. CONNER
Christopher C. Conner
United States District Judge
Middle District of Pennsylvania
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