Etheredge v. Henry et al

Filing 47

ORDER 1. Defendants' Motion to Dismiss Amended Complaint (Doc. 41) is GRANTED IN PART AND DENIED IN PART. a. Plaintiffs gender-based Equal Protection claim is DISMISSED WITH PREJUDICE. b. All facts arising before March 2008 in support of Plainti ffs sole remaining claim of an Equal Protection violation based on his sexual orientation are DISMISSED WITH PREJUDICE. i. Accordingly, Defendants' motion to dismiss Plaintiffs Equal Protection claim based on sexual orientation is DENIED WITHOUT PREJUDICE. c. Additionally, Defendants' motion to dismiss for lack of personal involvement isDENIED WITHOUT PREJUDICE. Signed by Honorable Robert D. Mariani on 1/6/14. (jfg)

THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

JAMES ETHEREDGE

Plaintiff

v.

3:11·CV·2330
(JUDGE MARIANI)

M.L. HENRY, et al.,

Defendants
ORDER
AND NOW, THIS 6TH DAY OF JANUARY 2014, upon consideration of Defendants'
Motion to Dismiss Amended Complaint (Doc. 41) and all accompanying briefs, IT IS
HEREBY ORDERED THAT:
1. Defendants' Motion to Dismiss Amended Complaint (Doc. 41) is GRANTED IN
PART AND DENIED IN PART.
a. Plaintiffs gender-based Equal Protection claim is DISMISSED WITH
PREJUDICE.
b. All facts arising before March 2008 in support of Plaintiffs sole remaining
claim of an Equal Protection violation based on his sexual orientation are
DISMISSED WITH PREJUDICE.

i. Accordingly, Defendants' motion to dismiss Plaintiffs Equal Protection
claim based on sexual orientation is DENIED WITHOUT PREJUDICE.

c. Additionally, Defendants' motion to dismiss for lack of personal involvement is

DENIED WITHOUT PREJUDICE.

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