Evans v. Wentzel et al

Filing 27

ORDER (memorandum filed previously as separate docket entry), DISMISSING the Complaint; Dfts' motion to dismiss/ enlargement of time are denied as MOOT; Clerk of Court is directed to CLOSE this case. Any appeal from this order is deemed frivolous and not in good faith. Signed by Honorable James M. Munley on 03/30/16. (sm)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
RICHARD C. EVANS,

:
CIVIL ACTION NO. 3:15-CV-0190
:
Plaintiff
:
(Judge Munley)
:
v.
:
:
JOHN E. WENTZEL, VINCENT
:
MOONEY, COAL TOWNSHIP
:
MEDICAL STAFF, NICHOLE
:
BOGESLAW,
:
:
Defendants :
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
ORDER
AND NOW, to wit, this 30th day of March 2016, upon consideration of
defendants’ motions (Docs. 17, 20) to dismiss the complaint pursuant to Federal Rule of
Civil Procedure 12(b)(6), and plaintiff’s motion (Doc. 25) for an enlargement of time, and
in accordance with the mandatory screening obligation imposed on this Court by 28
U.S.C. § 1915A(a), and for the reasons set forth in the Court’s Memorandum of the same
date, it is hereby ORDERED that:
1.

Plaintiff’s complaint is DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1).

2.

Defendants’ motions (Doc. 17, 20) to dismiss the complaint, and plaintiff’s
motion (Doc. 25) for an enlargement of time, are DENIED as moot.

3.

The Clerk of Court is directed to CLOSE this case.

4.
Any appeal from this order is DEEMED frivolous and not in good faith.
See 28 U.S.C. § 1915(a)(3).

BY THE COURT:

s/James M. Munley
JUDGE JAMES M. MUNLEY
United States District Court