Margetta v. Ferguson et al
| Steven Margetta |
| Nadine Ramirez, Cheryl Garmon, Richard Hamor and Terry Gummo |
| 1:2017cv00037 |
| January 6, 2017 |
| U.S. District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Centre |
| PT |
| William W. Caldwell |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
25
ORDER (memorandum filed previously as separate docket entry)GRANTING motion to dismiss the amended complaint 21 ; Clerk of Court is directed to CLOSE this case; Any appeal from this order is deemed frivolous and not in good faith.Signed by Honorable James M. Munley on 3/22/18. (sm)
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Filing
18
ORDER: IN accord with the Memorandum 17 issued this date; Pltf's mtn for appointment of counsel 12 is denied.Signed by Honorable William W. Caldwell on 3/6/17. (ma)
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Filing
7
ORDER: IN accord with the Memorandum 6 issued this date; 1. Pltfs mtn for leave to proceed ifp 2 is granted.2. The Clerk of Court is directed to issue the Administrative Order to the Superintendent to begin deducting money from Plaintiffs prison account in the manner described in the Administrative Order.3. Based on Eleventh Amendment immunity, the claims against the following dfts, in their official capacities only, are dismissed: Tammy Ferguson, Nadine Ramirez, Cheryl Garmon, Richard Hamor , Terry Gummo, and John E. Wetzel.The Pennsylvania Department of Corrections is also dismissed from this action.4. Pltfs claims against Secretary Wetzel and Superintendent Ferguson are dismissed without leave to amend.5. Pltfs state-law and due proce ss claims are dismissed without leave to amend.6. Pltfs equal protection claim is dismissed but with leave to amend.7. Within (21) days from the date of this order, Pltf may file an amended complaint setting forth his equal protection claim.8. The Cl erk of Court shall forward to Pltf (2) copies of this courts prisoner civil-rights complaint form which Pltf shall use in preparing any amended complaint he may file.9. Failure to file an amended complaint as directed within the required time will result in this action being dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for the reasons set forth in the accompanying Memorandum.Signed by Honorable William W. Caldwell on 1/19/17. (ma)
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