Yisrael v. State Police et al

Filing 22

ORDER (memorandum filed previously as separate docket entry), ORDER TERMINATING CASE. The motion to dismiss Defendant, Luzerne County Medical Director, (Doc. 17), is GRANTED. The complaint against Defendant, Luzerne County Sheriffs Department, is DISMISSED. Clerk to close case. Pltf. may file amd. cmp. by 4/14/17. Amended Pleadings due by 4/14/2017.Signed by Honorable Malachy E Mannion on 3/21/17. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
ELEAZAR YISRAEL,

:
CIVIL ACTION NO. 3:16-572

Plaintiff,

:
(JUDGE MANNION)

v.

:

STATE POLICE, et al.,

:

Defendants

:

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

The motion to dismiss Defendant, Luzerne County
Medical Director, (Doc. 17), is GRANTED.

2.

The complaint against Defendant, Luzerne County
Sheriff’s Department, is DISMISSED pursuant to 28
U.S.C. §1915(e)(2)(B)(ii).

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).

5.

The plaintiff will have until April 14, 2017 to file an
amended complaint with respect to the excessive
force claim as set forth in the Memorandum filed this
day.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: March 21, 2017
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2016 MEMORANDA\16-0572-02-Order.wpd