Dockery v. Maidrana et al

Filing 57

ORDER (memorandum filed previously as separate docket entry),GRANTING dfts' motion to dismiss/sum/jgm ; Clerk of Court is directed to enter judgment in favor of dfts Baysor, Kabonick, Kaiser, Maiorana, Mosier, Mowatt, Mushal, Newcomb, Rardin,Taylor and Sebastian; DFt Valle is dismissed ; MR. USA is terminated; Clerk of Court is directed to CLOSE this case; any appeal from this order is deemed frivolus and not in good faith. Signed by Honorable James M. Munley on 4/10/18. (sm)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JASPER L. DOCKERY,

:
:
Plaintiff
:
:
v.
:
:
WARDEN C. MAIDRANS, et al.,
:
:
Defendants :

CIVIL ACTION NO. 3:16-cv-2123
(Judge Munley)

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ORDER
AND NOW, to wit, this 10th day of April 2018, upon consideration of
Defendants’ partial motion to dismiss pursuant to Federal Rules of Civil Procedure
12(b)(1) and 12(b)(6), and for summary judgment pursuant to Federal Rule of Civil
Procedure 56(a) (Doc. 31), and upon consideration of Plaintiff’s motion (Doc. 51) to
amend or supplement his complaint, and for the reasons set forth in the Court’s
Memorandum of the same date, it is hereby ORDERED:
1.

Defendants’ motion (Doc. 31) to dismiss pursuant to Federal Rule of Civil
Procedure 12(b)(1) is GRANTED. The complaint against Defendant
Horeis is DISMISSED in its entirety.

2.

Defendants’ motion (Doc. 31) for summary judgment pursuant to Federal
Rule of Civil Procedure 56(a) is GRANTED. The Clerk of Court is
directed to ENTER judgment in favor Baysore, Kabonick, Kaiser,
Maiorana, Mosier, Mowatt, Mushala, Newcomb, Rardin, Taylor, and
Sebastian and against Plaintiff.

3.

Defendant Valle is VOLUNTARILY DISMISSED pursuant to Federal
Rule of Civil Procedure 41(a)(2).

4.

The Clerk of Court is directed to TERMINATE “Mr United States of
America” as Amicus in this matter.

5.

The Clerk of Court is further directed to CLOSE this case.

6.

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