RODENBAUGH v. SANTIAGO et al, No. 5:2016cv02158 - Document 27 (E.D. Pa. 2017)

Court Description: OPINION/ORDER THAT THE OUTSTANDING MOTIONS TO DISMISS (DOC. NOS. 21, 22) ARE GRANTED AND DENIED. PLAINTIFF'S CLAIMS AGAINST DEFENDANT ALEX THOMAS ARE DISMISSED WITH PREJUDICE. SIGNED BY HONORABLE EDWARD G. SMITH ON 1/18/17. 1/18/17 ENTERED AND COPIES MAILED TO PRO SE', UNREP AND E-MAILED.(ky, )

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RODENBAUGH v. SANTIAGO et al Doc. 27 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA DAPHNE RODENBAUGH, Plaintiff, v. JUDGE SANTIAGO, JASON ADDUDDELL, TRACY BONDALL, and ALEX THOMAS, Defendants. : : : : : : : : : : : CIVIL ACTION NO. 16-2158 ORDER AND NOW, this 18th day of January, 2017, after considering the outstanding motions to dismiss (Doc. Nos. 21, 22); and the responses in opposition to the motions to dismiss (Doc. Nos. 24, 25); and for the reasons set forth in the separately-filed memorandum opinion, it is hereby ORDERED as follows: 1. The motion to dismiss filed by the defendant, Jason Adduddell (Doc. No. 21) is GRANTED, and the claims against Jason Adduddell are DISMISSED WITH PREJUDICE; 2. The motion to dismiss filed by the defendant Tracy Boandl (Doc. No. 22) is DENIED WITHOUT PREJUDICE and CONVERTED to a motion for summary judgment as follows: a. The plaintiff has until February 7, 2017 to present evidence sufficient to establish a genuine issue of material fact regarding: (1) her failure to exhaust the Lehigh County Jail grievance procedures with respect to her claims that Tracy Boandl deprived her of access to telephone calls and mail, and prevented her from communicating with her attorney and the court, and (2) whether Tracy Boandl deprived her of access to telephone calls and mail, and prevented her from communicating with her attorney and the court; Dockets.Justia.com b. The defendant Tracy Boandl also has until February 7, 2017 to present any additional evidence or argument in support of her converted motion for summary judgment; and 3. The plaintiff’s claims against the defendant, Alex Thomas, are DISMISSED WITH PREJUDICE. BY THE COURT: /s/ Edward G. Smith EDWARD G. SMITH, J. 2

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