HANDY v. VARNER et al

Filing 39

MEMORANDUM ORDER : It is hereby ORDERED that the Motion to Dismiss/Motion for Summary Judgment 17 filed by Defendant, Mollura is granted without prejudice to Plaintiffs right to amend his Complaint insofar as it relates to the section 1983 claims m ade against Mollura. IT IS FURTHER ORDERED that the Motion for Summary Judgment filed by Defendants Varner and Kwisnek 23 is hereby DENIED. IT IS FURTHER ORDERED that the amended complaint must be filed on or before May 15, 2013. No extensions wil l be granted. If no amended complaint is filed by the date specified, this case will proceed against Defendants Varner and Kwisnek based on the section 1983 allegations set forth in the original Complaint. Signed by Magistrate Judge Cynthia Reed Eddy on 4/12/2013. (jlh )

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