Wisniewski v. Fisher et al

Filing 43

ORDER (memorandum filed previously as separate docket entry), ORDER DISMISSING CASE. (1)the plaintiffs objections to the report of Judge Mehalchick, (Doc. 38), are OVERRULED;(2)the report of Judge Mehalchick recommending that the defendants motion to dismiss be granted on the bases that all of the plaintiffs claims arising out of events occurring more than two years before the date this action was filed are barred by the applicable statute of limitations and that the plaintiffs remaining First A mendment retaliation claims regarding the photocopy machine and his removal from his prison employment fail to state a claim upon which relief can be granted, (Doc. 33), is ADOPTED IN ITS ENTIRETY;(3)the defendants motion to dismiss the plaintiffs amended complaint, (Doc. 23), is GRANTED;(4)the plaintiffs amended complaint, (Doc. 12), is DISMISSED WITH PREJUDICE; and(5)the Clerk of Court is directed to CLOSE THIS CASE.Signed by Honorable Malachy E Mannion on 9/29/14. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
THOMAS WISNIEWSKI,

:

Plaintiff

:

v.

CIVIL ACTION NO. 3:13-2642

:
(JUDGE MANNION)

JON D. FISHER, et al.,

:

Defendants

:
ORDER

In light of the memorandum issued this same day, IT IS HEREBY
ORDERED THAT:
(1)

the plaintiff’s objections to the report of Judge Mehalchick,
(Doc. 38), are OVERRULED;

(2)

the report of Judge Mehalchick recommending that the
defendants’ motion to dismiss be granted on the bases that
all of the plaintiff’s claims arising out of events occurring
more than two years before the date this action was filed
are barred by the applicable statute of limitations and that
the plaintiff’s remaining First Amendment retaliation claims
regarding the photocopy machine and his removal from his
prison employment fail to state a claim upon which relief
can be granted, (Doc. 33), is ADOPTED IN ITS ENTIRETY;

(3)

the defendants’ motion to dismiss the plaintiff’s amended
complaint, (Doc. 23), is GRANTED;

(4)

the plaintiff’s amended complaint, (Doc. 12), is DISMISSED
WITH PREJUDICE; and

(5)

the Clerk of Court is directed to CLOSE THIS CASE.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: September 29, 2014
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2013 MEMORANDA\13-2642-01-ORDER.wpd

2