Filed: Mar. 16, 2016
Latest Update: Mar. 16, 2016
Summary: ORDER EDWARD G. SMITH , District Judge . AND NOW, this 16th day of March, 2016, after considering the motion to dismiss filed by the defendants, Michael Wenerowicz ("Wenerowicz"), John Wetzel ("Wetzel"), and Joseph C. Korszniak ("Korsniak") (Doc. No. 8) and the motion for leave to file an amended complaint filed by the pro se plaintiff, Tyree Morris (Doc. No. 9); and after reviewing the complaint (Doc. No. 3); and for the reasons set forth in the accompanying memorandum opinion, it is h
Summary: ORDER EDWARD G. SMITH , District Judge . AND NOW, this 16th day of March, 2016, after considering the motion to dismiss filed by the defendants, Michael Wenerowicz ("Wenerowicz"), John Wetzel ("Wetzel"), and Joseph C. Korszniak ("Korsniak") (Doc. No. 8) and the motion for leave to file an amended complaint filed by the pro se plaintiff, Tyree Morris (Doc. No. 9); and after reviewing the complaint (Doc. No. 3); and for the reasons set forth in the accompanying memorandum opinion, it is he..
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ORDER
EDWARD G. SMITH, District Judge.
AND NOW, this 16th day of March, 2016, after considering the motion to dismiss filed by the defendants, Michael Wenerowicz ("Wenerowicz"), John Wetzel ("Wetzel"), and Joseph C. Korszniak ("Korsniak") (Doc. No. 8) and the motion for leave to file an amended complaint filed by the pro se plaintiff, Tyree Morris (Doc. No. 9); and after reviewing the complaint (Doc. No. 3); and for the reasons set forth in the accompanying memorandum opinion, it is hereby ORDERED as follows:
1. The motion to dismiss (Doc. No. 8) is GRANTED as follows:
a. The motion to dismiss, insofar as the moving defendants seek to have the court dismiss the causes of action against Korszniak and Wetzel, is GRANTED with the plaintiff's consent and the causes of action against Korszniak and Wetzel are DISMISSED WITHOUT PREJUDICE; and
b. The motion to dismiss, insofar as the moving defendants seek to have the court dismiss the causes of action against Wenerowicz in his official and individual capacities, is GRANTED and the causes of action against Wenerowicz are DISMISSED WITH PREJUDICE.
2. The motion for leave to file an amended complaint (Doc. No. 9) is DENIED;
3. The causes of action against Dr. Blatt and the fictitious defendants, John Doe and Robert Doe, are DISMISSED WITH PREJUDICE under 28 U.S.C. § 1915(e)(2)(B); and
4. The clerk of court is directed to CLOSE this case.
