Fann, Jr. v. Salamon et al

Filing 22

ORDER - IT IS HEREBY ORDERED that Defendants' 16 Motion to Dismiss for Failure to State a Claim is GRANTED. Within 21 days of the date of this Order, Plaintiff, if desired may file an amended complaint in accordance with the accompanying Memo randum. If no amended complaint is timely filed, dismissal of Plaintiff's Section 1983 claims without prejudice will automatically convert to dismissal with prejudice and the Court will close this case. (See Order for further details.) Signed by Chief Judge Matthew W. Brann on 6/5/2024. (ea)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
GREGORY O. FANN, JR.,

No. 4:23-CV-01787

Plaintiff,

(Chief Judge Brann)

v.
BOBBY-JO SALAMON, et al.,
Defendants.
ORDER
AND NOW, this 5th day of June 2024, in accordance with the accompanying
Memorandum, IT IS HEREBY ORDERED that:
1.

2.

Defendants’ motion (Doc. 16) to dismiss under Federal Rule of Civil
Procedure 12(b)(6) is GRANTED, as follows:
a.

Plaintiff’s Section 1983 Eighth Amendment conditions-ofconfinement claim is DISMISSED without prejudice pursuant
to Federal Rule of Civil Procedure 12(b)(6).

b.

Plaintiff’s Section 1983 Fourteenth Amendment procedural due
process claim is DISMISSED with prejudice pursuant to
Federal Rule of Civil Procedure 12(b)(6).

c.

Plaintiff’s Section 1983 First Amendment retaliation claim is
DISMISSED without prejudice pursuant to Federal Rule of
Civil Procedure 12(b)(6).

Plaintiff’s Section 1983 Fourteenth Amendment deprivation-ofproperty claim is DISMISSED with prejudice pursuant to 28 U.S.C.
§ 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may
be granted.

3.

Plaintiff’s official capacity claims are DISMISSED pursuant to 28
U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which
relief may be granted.

4.

Within 21 days of the date of this Order, Plaintiff, if desired, may file
an amended complaint in accordance with the accompanying
Memorandum. Plaintiff must adhere to the specific directions
provided by the Court.

5.

If no amended complaint is timely filed, dismissal of Plaintiff’s
Section 1983 claims without prejudice will automatically convert to
dismissal with prejudice and the Court will close this case.
BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
Chief United States District Judge

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