MAYON v. WETZEL et al

Filing 73

ORDER GRANTING 45 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JOHN WETZEL, MARK CAPPOZZA, 47 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by COLIN FISCHETTI, GAUDENZIA, INC., 62 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by LEO L. DUNN, and DENYING 70 MOTION FOR CLASS CERTIFICATION filed by MICKY MAYON. Signed by Magistrate Judge Cynthia Reed Eddy on 4/3/2017. (ajt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
PITTSBURGH
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MICKY MAYON,
Plaintiff,
vs.
JOHN WETZEL, et al.,
Defendants,

2:15-CV-01003-CRE

ORDER
AND NOW, this 3rd day of April, 2017,
IT IS HEREBY ORDERED that Defendants Mark Cappozza, Leo Dunn and John
Wetzel’s Motion to Dismiss [ECF No. 45, 62] and Defendants Colin Fischetti and Gaudenzia,
Inc.’s Motion to Dismiss [ECF No. 47] are GRANTED and Plaintiff’s complaint is dismissed
with prejudice.
IT IS FURTHER ORDERED that Plaintiff’s motion for class certification [ECF No. 70]
is DENIED.
IT IS FURTHER ORDERED that the Clerk shall mark this CASE CLOSED.

BY THE COURT:
s/Cynthia Reed Eddy
United States Magistrate Judge
cc:

MICKY MAYON, JT - 8095
SCI Fayette
P.O. Box 9999
LaBelle, PA 15450-0999
(via U.S. First Class Mail)
Sandra A. Kozlowski
Pennsylvania Office of Attorney General
(via ECF electronic notification)
Erin J. Dolfi
Robb Leonard Mulvihill LLP

(via ECF electronic notification)
Amy L. Vanderveen
Robb Leonard Mulvihill LLP
(via ECF electronic notification)