Brodie v. Pennsylvania Department of Corrections et al

Filing 31

ORDER (memorandum filed previously as separate docket entry), 1.Defendants motion to dismiss Plaintiffs complaint for Plaintiffs failure to exhaust administrative remedies prior to filing the above captioned action (Doc. 16), is GRANTED.2.Plaintiffs motion for default judgment (Doc. 28) is DENIED. 3.The Clerk of Court is directed to CLOSE this case.ORDER TERMINATING CASESigned by Honorable Malachy E Mannion on 9/28/16. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
MICHAEL BRODIE,

:

Plaintiff

:

v.

: CIVIL ACTION NO. 3:15-0354

PA DEPT. OF CORRECTIONS,
et al.,
Defendants

:

(Judge Mannion)

:
ORDER

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

Defendants’ motion to dismiss Plaintiff’s
complaint for Plaintiff’s failure to exhaust
administrative remedies prior to filing the
above captioned action (Doc. 16), is
GRANTED.

2.

Plaintiff’s motion for default judgment (Doc.
28) is DENIED.

3.

The Clerk of Court is directed to CLOSE
this case.

4.

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

Date: September 28, 2016
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2015 MEMORANDA\15-0354-01-ORDER.wpd