Milbrand v. Miner et al

Filing 15

ORDER (memorandum filed previously as separate docket entry). IT IS ORDERED THAT Defendants motion 9 to dismiss is GRANTED as follows: 1. Count 4 is DISMISSED WITH PREJUDICE; 2. Counts 1, 2, 3, and 5 are DISMISSED WITHOUT PREJUDICE; and 3. Within t hirty (30) days of the date of this Order, Plaintiff may file an amended complaint to attempt to address the pleading deficiencies in his federal claims identified in the accompanying Memorandum and to reassert his supplemental state law claim. Signed by Honorable Yvette Kane on 12/18/17. (rw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
WILLIAM MILBRAND,
Plaintiff
v.

WILLIAM MINER,
iudividually and in his official capacity,
and NATHAN RHODES, individually
and in his official capacity,
Defendants

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No. 4:17-cv-761
(Judge Kane)

ORDER
AND SO, on this 18th day of December 2017, in accordance with the accompanying
Memorandum, IT IS ORDERED THAT Defendants’ motion to dismiss (Doc. No. 9), is
GRANTED as follows:
1. Count 4 is DISMISSED WITH PREJUDICE;
2. Counts 1, 2, 3, and 5 are DISMISSED WITHOUT PREJUDICE; and
3. Within thirty (30) days of the date of this Order, Plaintiff may file an amended
complaint to attempt to address the pleading deficiencies in his federal claims
identified in the accompanying Memorandum and to reassert his supplemental state
law claim.

s/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania