ARNOLD v. GEORGE HILL CORRECTIONAL FACILITY et al
Filing
36
ORDER THAT THE MOTIONS ARE GRANTED AND PLFF'S CLAIMS ARE DISMISSED: ALL CLAIMS AGAINST DEFTS. FRANK GREEN, EMMANUEL ASANTE, SERGEANT KENDALL, JOANNE ABT, C/O ROSELOTHAN, C/O OSILEN, DR. LAUREN, AND NURSE OLIVER ARE DISMISSED WITH PREJUDICE AND T HOSE DEFTS. ARE DISMISSED AS DEFTS. IN THIS ACTION. PLFF.'S MEDICAL CARE CLAIMS, SEXUAL HARASSMENT CLAIMS, CLAIMS REGARDING THE OPENING AND READING OF HIS LEGAL MAIL, AND DENIAL OF ACCESS TO THE COURTS CLAIM ARE DISMISSED WITHOUT PREJUDICE; PLFF. MAY FILE A THIRD AMENDED COMPLAINT ON OR BEFORE 11/14/11, ETC.. SIGNED BY HONORABLE JOHN R. PADOVA ON 10/11/11. 10/11/11 ENTERED AND COPIES MAILED TO PRO SE PLFF., E-MAILED TO COUNSEL.(pr, )
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DARREN JOSEPH ARNOLD
:
:
:
:
:
v.
FRANK GREEN, ET AL.
CIVIL ACTION
NO. 10-5090
ORDER
AND NOW, this 11th day of October, 2011, upon consideration of Defendants Dr. Ronald
Phillips and Dr. Carl Pierce’s Motion to Dismiss (Docket No. 22), Defendant Contract Pharmacy
Services’s Motion to Dismiss (Docket No. 24), the Motion to Dismiss filed by Defendants Frank
Green, Emmanuel Asante, Michael J. Maher, Susan Kendra, Linda Maher, Joanne Abt, Correctional
Officer Ernest Pressley, Peggy Rosser, Justin Wood, James Schaum, Sergeant Kendall, Sergeant
Jones, Charles Csicsek, and Yaw Kissi (Docket No. 27), Defendant Robert Simon’s Motion to
Dismiss (Docket No. 32), and all documents filled in connection therewith, and having also screened
Plaintiff’s Second Amended Complaint pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A, IT IS
HEREBY ORDERED that, for the reasons stated in the accompanying Memorandum, the Motions
are GRANTED and Plaintiff’s claims are dismissed pursuant to Fed. R. Civ. P. 12(b)(6) and 28
U.S.C. §§ 1915(e)(2) and 1915A as follows:
1.
All claims against Defendants Frank Green, Emmanuel Asante, Sergeant Kendall,
Joanne Abt, Correctional Officer Roselothan, Correctional Officer Osilen, Dr.
Lauren, and Nurse Oliver are DISMISSED WITH PREJUDICE and those
Defendants are DISMISSED as Defendants in this action.
2.
Plaintiff’s medical care claims, sexual harassment claims, claims regarding the
opening and reading of his legal mail, and denial of access to the courts claim are
DISMISSED WITHOUT PREJUDICE to their amendment and reassertion in a
Third Amended Complaint.
3.
Plaintiff may file a Third Amended Complaint on or before November 14, 2011. In
drafting a Third Amended Complaint, Plaintiff is instructed to carefully consider the
pleading standards set forth in the accompanying Memorandum and to assert only
those claims that he believes will comply with those standards.
BY THE COURT:
/s/ John R. Padova, J.
John R. Padova, J.
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