WOOLFOLK v. MEIER et al
| MICHAEL WOOLFOLK |
| MEIER, EDWARD D. MCFADDEN, TERENCE FARRELL, KATHI COZZONE and MICHELLE KICHLINE |
| 2:2017cv03513 |
| August 4, 2017 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Chester |
| JOSEPH F. LEESON |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
18
ORDER THAT THE MOTION TO DISMISS, ECF NO. 12 , IS GRANTED IN PART AND DENIED IS PART AS FOLLOWS: A. THE MOTION IS GRANTED WITH RESPECT TO THE CLAIMS AGAINST DEFENDANTS MCFADDEN, FARRELL, COZZONE, AND KICHLINE, ALL CLAIMS AGAINST THESE DEFENDANTS ARE DISMISSED WITHOUT PREJUDICE, AND THESE DEFENDANTS ARE TERMINATED AS PARTIES TO THIS ACTION; B. THE MOTION IS GRANTED WITH RESPECT TO THE CLAIMS AGAINST DEFENDANT MEIER UNDER THE FIRST AND FOURTEENTH AMENDMENTS FOR ALLEGEDLY REMOVING WOOLFOLK FROM HI S PRISON JOB AND WORKERS CELL AND THESE CLAIMS ARE DISMISSED WITHOUT PREJUDICE; AND C. THE MOTION IS DENIED WITH RESPECT TO THE CLAIMS AGAINST DEFENDANT MEIER UNDER THE EIGHTH AND FOURTEENTH AMENDMENTS FOR ALLEGEDLY CALLING WOOLFOLK A SNITCH TO THE E XTENT THAT WOOLFOLKS BRIEF IN OPPOSITION TO THE MOTION TO DISMISS ASKS THAT THE COMPLAINT BE GRANTED, WOOLFOLKS MOTION, ECF NO. 15 , IS DENIED; IF WOOLFOLK WANTS TO RENEW ANY OF THE DISMISSED CLAIMS OR DEFENDANTS, HE MUST FILE AN AMENDED COMPLAINT N O LATER THAN FRIDAY, MAY 4, 2018. IF HE FAILS TO TIMELY FILE AN AMENDED COMPLAINT, THE CASE WILL PROCEED ONLY AGAINST DEFENDANT MEIER FOR CLAIMS UNDER THE EIGHTH AND FOURTEENTH AMENDMENTS FOR ALLEGEDLY CALLING WOOLFOLK A SNITCH; AND WOOLFOLKS REQUEST FOR THE APPOINTMENT OF COUNSEL, ECF NO. 16 , IS DENIED WITHOUT PREJUDICE. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 4/12/18. 4/13/18 ENTERED AND COPIES MAILED TO PRO SE, E-MAILED.(mas, )
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