MENDOZA v. ERIE COUNTY COURT OF COMMON PLEAS et al
| RUDY MENDOZA |
| ERIE COUNTY COURT OF COMMON PLEAS, ERIE COUNTY EXECUTIVE/COUNCIL, ERIE COUNTY REGIONAL CONTRACT JAIL ALBION, INMATE GENERAL WELFARE FUND (I.G.W.F.) and PA. DEPT. OF CORRECTIONS |
| 1:2012cv00013 |
| January 13, 2012 |
| US District Court for the Western District of Pennsylvania |
| Erie Office |
| Erie |
| Susan Paradise Baxter |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
45
MEMORANDUM OPINION AND ORDER that the motion to dismiss filed by Erie County Executive/Council 26 is GRANTED. The requests for a more definite statement and to strike the amended complaint are dismissed as moot. IT IS FURTHER ORDERED that the mot ion to dismiss filed by the Erie County Regional Contract Jail Albion and the Pennsylvania Department of Corrections 29 and the motion to dismiss filed by the Inmate General Welfare Fund 41 are GRANTED. Pursuant to this Courts authority under th e Prison Litigation Reform Act, IT IS FURTHER ORDERED that the Erie County Court of Common Pleas is DISMISSED from this action based upon Eleventh Amendment immunity. Furthermore, to the extent Plaintiff seeks to amend his complaint 43 to add claims against new individual defendants, such an amendment is DENIED AS FUTILE, and the Clerk is hereby directed to close this case. Signed by Magistrate Judge Susan Paradise Baxter on 2/21/13. (lrw)
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