Green v. Klinefetter et al

Filing 19

ORDER granting 13 Motion to Dismiss for Failure to State a Claim. The claims against Defendants Dupont, Ferguson, Salamon, Graham, Rossman, and Ellenberger are DISMISSED in their entirety. The Clerk of Court is directed to TERMINATE these Defenda nts. The claim against Defendant Nixon and Kissell for the issuance of an allegedly fabricated misconduct report is DISMISSED. Defendants Nixon, Kissell and Klinefelter shall file an answer to the remaining claims in the complaint, or appropriate pretrial motion, on or before 8/16/17. Signed by Honorable Robert D. Mariani on 8/7/17 (jam)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
KEVIN GREEN,

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Civil No. 3:16-cv-2367

Plaintiff

(Judge Mariani)

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v.
CAPTAIN KLINEFETTER, et al.,
Defendants

ORDER
AND NOW,

this~ day of August, 2017, upon consideration of Defendants'

motion (Doc. 13) to dismiss, and in accordance with the Court's Memorandum of the same
date, IT IS HEREBY ORDERED THAT:

1.

Defendants' motion (Doc. 13) is GRANTED as follows:

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a.

The claims against Defendants Dupont, Ferguson, Salamon, Graham,
Rossman, and Ellenberger are DISMISSED in their entirety. The
Clerk of Court is directed to TERMINATE these Defendants.

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b.

2.

The claim against Defendants Nixon and Kissell for the issuance of an
allegedly fabricated misconduct report is DISMISSED.

Defendants Nixon, Kissell, and Klinefelter shall file an answer to the
remaining claims in the complaint, or appropriate pretrial motion, on or before
August 16, 2017.

obert D. Ma 1ani
United States District Judge

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