Townsend v. Holt et al

Filing 87

ORDER (memorandum filed previously as separate docket entry) The Report and Recommendation, (Doc. 84), is ADOPTED IN PART; Defts motion to dismiss the amended complaint under Rule 12(b)(6) of the F.R.C.P., (Doc. 67), is GRANTED;Defts motion for summa ry judgment under Rule 56 of the Federal Rules of Civil Procedure is DISMISSED AS MOOT. Pltfs claims against all Defts are DISMISSED WITH PREJUDICE; and The Clerk of Court is directed to CLOSE this case.Signed by Honorable William J. Nealon on 9/28/15. (ao)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
KELVIN TOWNSEND,
Plaintiff
v.
RONNIE R. HOLT, WARDEN,
ET AL.,
Defendants

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CIVIL NO. 3:13-CV-0758
(JUDGE NEALON)
(MAGISTRATE JUDGE SCHWAB)

ORDER
NOW, THIS 28TH DAY OF SEPTEMBER, 2015, for the reasons set forth
in the Memorandum issued this date, IT IS HEREBY ORDERED THAT:
1.

The Report and Recommendation, (Doc. 84), is ADOPTED IN
PART;

2.

Defendants’ motion to dismiss the amended complaint under Rule
12(b)(6) of the Federal Rules of Civil Procedure, (Doc. 67), is
GRANTED;

3.

Defendants’ motion for summary judgment under Rule 56 of the
Federal Rules of Civil Procedure is DISMISSED AS MOOT.

4.

Plaintiff’s claims against all Defendants are DISMISSED WITH
PREJUDICE; and

5.

The Clerk of Court is directed to CLOSE this case.

/s/ William J. Nealon
United States District Judge