Newton v. Reitz et al, No. 3:2007cv01254 - Document 58 (M.D. Pa. 2009)

Court Description: MEMORANDUM and ORDER granting 39 dft Smith's motion Motion to Dismiss; Pltf's claim against dft Smith is DISMISSED in its' entirety; DFt Carey's 54 Motion for Summary Judgment is deemed unopposed and GRANTED; Clerk of Court is directed to enter judgment if favor of defendant Carey and against pltf ; Clerk of Court is directed to CLOSE case; Any appeal from this order is deemed frivolous and not in good faith. Signed by Honorable James M. Munley on 1/30/09 (sm, )