Heaton v. Delbalso et al

Filing 34

ORDER (memorandum filed previously as separate docket entry), GRANTING 22 24 MOTION to Dismiss. 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 2/28/17. (sm)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
CHRISTOPHER HEATON,

:
:
Plaintiff
:
:
v.
:
:
THERESA DELBALSO, et al.,
:
DR. GUSTITUS,
:
:
Defendants :

CIVIL ACTION NO. 3:16-cv-0573
(Judge Munley)

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ORDER
AND NOW, to wit, this 28th day of February 2017, upon consideration of
defendants’ motions (Docs. 22, 24) to dismiss plaintiff’s complaint pursuant to Federal
Rule of Civil Procedure 12(b)(6), and for the reasons set forth in the Court’s
Memorandum of this date, it is hereby ORDERED that:
1.

Defendants’ motions (Docs. 22, 24) to dismiss pursuant to Federal Rule of
Civil Procedure 12(b)(6) are GRANTED. Plaintiff’s complaint is
DISMISSED in its entirety.

2.

The Clerk of Court is directed to CLOSE this case.

3.

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