Smith v. Thomas et al

Filing 48

ORDER 1. Defendants' motion (Doc. 36) to dismiss the complaint for failure to exhaust administrative remedies is GRANTED. 2. The complaint against C. Johnson, J. Cardonas, and Fisher is DISMISSED pursuant to Rule 4(m) of the Federal Rules of Civ il Procedure. See FED. R. CIV. P. 4(m). 3. All other pending motions are DISMISSED. (Docs. 40, 44). 4. The Clerk of Court is directed to CLOSE this action. 5. Any appeal from this Order is DEEMED frivolous and not in good faith. See 28 U.S.C. § 1915(a)(3).Signed by Honorable Robert D. Mariani on 9/30/15. (jfg)

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

JEREMY SMITH,

Plaintiff,

Civil Action No. 3:14-cv-1340

v.

(Judge Mariani)

THOMAS, et al.,
Defendants.
ORDER
AND NOW, this

"?x>--IA day of September, 2015, upon consideration of Defendants'

motion (Doc. 36) to dismiss or, in the alternative, for summary judgment, and for the
J

reasons set forth in the Court's Memorandum of the same date, IT IS HEREBY ORDERED
THAT:
1.

Defendants' motion (Doc. 36) to dismiss the complaint for failure to exhaust
administrative remedies is GRANTED.

2.

The complaint against C. Johnson, J. Cardonas, and Fisher is DISMISSED
pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. See FED. R.
CIV. P. 4(m).

3.

All other pending motions are DISMISSED. (Docs. 40, 44).

4.

The Clerk of Court is directed to CLOSE this action.

5.

Any appeal from this Order is DEEMED frivolous and not in good faith. See
28 U.S.C. § 1915(a)(3).

Ro ert D. Mariani
United States District Judge