Arrington v. Maiorana et al

Filing 33

ORDER (memorandum filed previously as separate docket entry), GRANTING Defendants' 18 MOTION to Dismiss filed by Carey Rhea, C. Maiorana;DISMISSING complaint against URC Mdical Staff; DENYING 28 MOTION for Leave to File Amended Complaint 30 and MOTION to Appoint Counsel ; Clerk of Court is directed to CLOSE this case. Signed by Honorable James M. Munley on 8/31/17. (sm)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA DEREK ARRINGTON, : : Plaintiff : : v. : : WARDEN C. MAIORANA, et al., : : Defendants : CIVIL ACTION NO. 3:16-cv-0832 (Judge Munley) :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ORDER AND NOW, to wit, this 31st day of August 2017, upon consideration of Defendants’ motion (Doc. 18) to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) and for summary judgment pursuant to Federal Rule of Civil Procedure 56, and Plaintiff’s motion (Doc. 28) for leave to re-file Amended Complaint, and for the reasons set forth in the Court’s Memorandum of the same date, it is hereby ORDERED that: 1. Defendants’ motion (Doc. 18) to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) is GRANTED. The complaint against Defendant Maiorana is DISMISSED in its entirety. 2. Defendants’ motion (Doc. 18) for summary judgment is GRANTED. The Clerk of Court is directed to ENTER judgment in favor of Defendant Rhea and against Plaintiff. 3. Plaintiff’s motion (Doc. 28) for leave to re-file Amended Complaint is DENIED. 4. The complaint against “URC Medical Staff” is DISMISSED pursuant to Federal Rule of Civil Procedure 4(m). 5. Plaintiff’s motion (Doc. 30) to appoint counsel is DENIED as moot. 6. The Clerk of Court is directed to CLOSE this case. 7. 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

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