Payne v. Ducan et al

Filing 22

ORDER 1. The partial motion to dismiss (Doc. 14) is GRANTED: A. Defendants Whalen and Huber are DISMISSED from the Complaint entirely and the Clerk ofCourt is directed to TERMINATE them as parties to this action; B. Plaintiff is permitted to proceed with his claim of retaliation against Defendants Duncan and Ziegler related to the cell search; and, C. All other claims in the Complaint are DISMISSED. 2. Any appeal will be deemed frivolous, lacking merit, and not taken in good faith. Signed by Honorable Robert D. Mariani on 4/23/14. (jfg)

UNITED STATES DISTRICT COURT FOR THE

MIDDLE DISTRICT OF PENNSYLVANIA

JOSHUA PAYNE,

Plaintiff

v.

CIVIL NO. 3: 13-cv-2203
(Judge Mariani)

C/O DUNCAN, et aI.,
Defendants

ORDER

NOW,

Tms~DAY OF APRIL, 2014, in accordance with the Memorandum

issued this date, IT IS HEREBY ORDERED THAT:
1.

The partial motion to dismiss (Doc. 14) is GRANTED:
A.

B.

Plaintiff is permitted to proceed with his claim of retaliation against
Defendants Duncan and Ziegler related to the cell search; and,

C.

2.

Defendants Whalen and Huber are DISMISSED from the Complaint
entirely and the Clerk of Court is directed to TERMINATE them as
parties to this action;

All other claims in the Complaint are DISMISSED.

Any appeal will be deemed frivolous, lacking merit, and not taken in good faith.