Kaplan v. Ebert et al

Filing 41

ORDER (memorandum filed previously as separate docket entry), ORDER TERMINATING CASE. 1.Defendants motion to dismiss and for summary judgment (Doc. 28) is GRANTED. Judgment is hereby entered in favor of the Defendants and against the Plaintiff.2.Plai ntiffs motion for an order compelling Defendants to file an answer to Plaintiffs pleadings (Doc. 35), motion to compel discovery (Doc. 36) and motion for default judgment (Doc. 37), all filed on July 9, 2015, are MOOT and also deemed WITHDRAWN for fa ilure to file a brief in support, in accordance with M.D. Pa. Local Rule 7.5. 3.Plaintiffs motion for emergency injunction (Doc. 38) and motion for hearing on motion for emergency injunction (Doc. 39) are DENIED.4.The Clerk of Court is directed to CLOSE this case.5.Any appeal taken from this order will be deemed frivolous, without probable cause, and not taken in good faith. See 28 U.S.C. §1915(a)(3).Signed by Honorable Malachy E Mannion on 9/30/15. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
RICHARD P. KAPLAN,

:

Plaintiff

:

v.

:

CIVIL ACTION NO. 3:14-0605
(JUDGE MANNION)
MR. EBERT, et al.,
Defendants

:
:
ORDER

For the reasons set forth in the Memorandum of this date, IT IS HEREBY
ORDERED THAT:
1.

Defendants’ motion to dismiss and for summary
judgment (Doc. 28) is GRANTED. Judgment is hereby
entered in favor of the Defendants and against the
Plaintiff.

2.

Plaintiff’s motion for an order compelling Defendants to
file an answer to Plaintiff’s pleadings (Doc. 35), motion
to compel discovery (Doc. 36) and motion for default
judgment (Doc. 37), all filed on July 9, 2015, are MOOT
and also deemed WITHDRAWN for failure to file a brief
in support, in accordance with M.D. Pa. Local Rule 7.5.

3.

Plaintiff’s motion for emergency injunction (Doc. 38) and
motion for hearing on motion for emergency injunction
(Doc. 39) are DENIED.

4.

The Clerk of Court is directed to CLOSE this case.

5.

Any appeal taken from this order will be deemed
frivolous, without probable cause, and not taken in good
faith. See 28 U.S.C. §1915(a)(3).

s/

Malachy E. Mannion

MALACHY E. MANNION
United States District Judge
Dated: September 30, 2015
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2014 MEMORANDA\14-0605-01-ORDER.wpd