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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?