Miller v. Holt et al

Filing 43

ORDER denying 35 Motion for Permanent Injunction, directing Clerk to provide 25 Amended Complaint to USM for service on those defendants that did not waive service and to mark striked and return 41 document entitled Amended Complaint; SEE ORDER FOR ALL INFO; Signed by Honorable Malachy E Mannion on 3/24/17 (ep)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
B. MILLER a/k/a/ STRANDON
MILLER,

:
: CIVIL ACTION NO. 3:16-0605

Plaintiff
:

(JUDGE MANNION)

v.
:
C.O. S.L. HOLT, et al.
:
Defendants
ORDER
In light of the Memorandum issued this same day, IT IS HEREBY
ORDERED THAT:

(1)

Plaintiff’s Motion for Injunctive Relief (Doc. 35) is DENIED.

(2)

Plaintiff shall file his response to Defendant Holt’s motion to
dismiss or, in the alternative, motion for summary judgment (Doc.
26) on or before April 7, 2017. The failure to do so will result in
the motion being deemed unopposed and addressed on the
merits. See M.D. Local Rule 7.6.

(3)

The Clerk of Court shall strike and return to Plaintiff his filing of
January 6, 2017 entitled “Amended Complaint” (Doc. 41).1

(4)

The Clerk of Court is directed to provide a copy of the amended
complaint (Doc. 25) and this order to the United States Marshal
for personal service on Defendants Lynn, Allen and Holezman.

1

Plaintiff’s filing is not proper and actually sets forth new claims of
retaliation and harassment against Defendant Shay that are more properly
pursued in a new action and, in any event, appear to be unexhausted. To the
extent this filing can be construed as a motion for injunctive relief, Plaintiff has
failed to file a supporting brief, and any such motion could be deemed
withdrawn on such basis. See M.D. Local Rule 7.5.

Waiver of Service forms were mailed to said Defendants on
October 28, 2016 (Doc. 29), but Defendants have never
acknowledged service of the amended complaint in this action.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: March 24, 2017
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2016 MEMORANDA\16-0605-01 order.wpd

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