Brown v. Black et al

Filing 32

ORDER (memorandum filed previously as separate docket entry), GRANTING/DENYING 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ; Granted re Defendant RHONE /EDNYIED re 14th Amendment Conditions of Confinement claim; DFts Balck and Weikers shall file a responsive pleading ; and DENYING w/o prejudice 30 pltf's MOTION to Appoint Counsel Signed by Honorable James M. Munley on 9/27/17. (sm)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA TODD A. BROWN, : : Plaintiff : : v. : : WARDEN SWAYNE L. BLACK, : et al., : : Defendants : CIVIL ACTION NO. 3:16-cv-1886 (Judge Munley) :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ORDER AND NOW, to wit, this 27th day of September 2017, upon consideration of Defendants’ motion (Doc. 22) to dismiss and Plaintiff’s motion (Doc. 30) for appointment of counsel, and for the reasons set forth in the Court’s memorandum of the same date, it is hereby ORDERED that: 1. Defendants’ motion (Doc. 22) to dismiss is granted in part and denied in part. a. b. 2. The motion is GRANTED with respect to the First Amendment Retaliation and Fourteenth Amendment Failure to Protect Claims. The Clerk of Court is directed to note on the docket sheet that Defendant Rhone is TERMINATED The motion is DENIED with respect to the Fourteenth Amendment Conditions of Confinement Claim. This claim will proceed against Defendants Black and Weikert. Defendants Black and Weikert shall file a responsive pleading in accordance with the Federal Rule of Civil Procedure 12(a)(4)(A). 3. Plaintiff’s motion (Doc. 30) for appointment of counsel is DENIED without prejudice. 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?