Butz v. Luzerne County Correctional Facility et al

Filing 29

ORDER DISMISSING CASE Signed by Honorable Malachy E Mannion on 9/30/21. (ep)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
JOHN BUTZ,

:

Plaintiffs

:

CIVIL ACTION NO. 3:17-1909

:

(JUDGE MANNION)

v.
LUZERNE COUNTY
CORRECTIONAL FACILITY , et.
al.,
Defendants

:
:
:

ORDER
In accordance with the Memorandum issued this date, IT IS HEREBY
ORDERED THAT:
1.

Plaintiffs’ complaint is DISMISSED without prejudice pursuant
to 28 U.S.C. §1915(e)(2)(B)) for failure to exhaust
administrative remedies.

2.

Defendants’ motion to dismiss (Doc. 22) is DISMISSED as
moot.

3.

The Clerk of Court is directed to CLOSE this case.

4.

Any appeal will be deemed frivolous, lacking merit, and not
taken in good faith. See 28 U.S.C. §1915(a)(3).

s/ Malachy E. Mannion
Dated: September 30, 2021
17-1909-01-ORDER

MALACHY E. MANNION
United States District Judge