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)

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