Turner v. Tuttie et al

Filing 31

ORDER (memorandum filed previously as separate docket entry), ORDER TERMINATING CASE 1.Defendants motion for summary judgment (Doc. 18) is GRANTED. Judgment is hereby entered in favor of the Defendant Tuttle and against the Plaintiff.2.Defendants D. Clark and Jane and John Does, are dismissed pursuant to Rule 4(m) for Plaintiffs failure to properly identify these Defendants and effectuate service within 120 days of the filing of the complaint. See Fed.R.Civ.P. 4(m). 3.Plaintiffs motions for entry of default and motion to produce (Doc. 19, 20) are DISMISSED as moot. 4.The Clerk of Court is directed to CLOSE this case.Signed by Honorable Malachy E Mannion on 3/20/17. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
JAMES THOMAS TURNER,

:
:

Plaintiff

CIVIL ACTION NO. 3:16-0269
:

v
:

(JUDGE MANNION)

J. TUTTIE, et al.,
:
Defendants
ORDER

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

Defendant’s motion for summary judgment (Doc. 18)
is GRANTED. Judgment is hereby entered in favor of
the Defendant Tuttle and against the Plaintiff.

2.

Defendants D. Clark and Jane and John Does, are
dismissed pursuant to Rule 4(m) for Plaintiff’s failure
to properly identify these Defendants and effectuate
service within 120 days of the filing of the complaint.
See FED.R.CIV.P. 4(m).

3.

Plaintiff’s motions for entry of default and motion to
produce (Doc. 19, 20) are DISMISSED as moot.

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
Date: March 20, 2017
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2016 MEMORANDA\16-0269-01-ORDER.wpd