Payne v. Duncan et al

Filing 36

ORDER 1. Defendants' motion (Doc. 26) for summary judgment is GRANTED. 2.Judgment shall be ENTERED in favor of Defendants and against Plaintiff. 3.The Clerk of Court is directed to CLOSE this action. 4. 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 2/9/17. (jfg)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA JOSHUA PAYNE, Civil No. 3:15-cv-1010 Plaintiff (Judge Mariani) v. DUNCAN, et al., Defendants ORDER AND NOW, this {1~1 day of February, 2017, upon consideration of Defendants' motion (Doc. 26) to dismiss or, in the alternative, for summary judgment, and for the reasons set forth in the Court's Memorandum of the same date, IT IS HEREBY ORDERED THAT: 1. Defendants' motion (Doc. 26) for summary judgment is GRANTED. 2. Judgment shall be ENTERED in favor of Defendants and against Plaintiff. 3. The Clerk of Court is directed to CLOSE this action. 4. Any appeal from this order is DEEMED frivolous and not in good faith. See 28 U.S.C. ยง 1915(a)(3). R bert D. Mariani" United States District Judge

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