FLEMING et al v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS et al, No. 1:2019cv00113 - Document 38 (W.D. Pa. 2020)

Court Description: MEMORANDUM OPINION and ORDER Defendants' Motion to Dismiss 22 is GRANTED. Counts One, Two, Four, and Five of the Second Amended Complaint are dismissed with prejudice. Count Three of the Second Amended Complaint is dismissed without prejudi ce. Plaintiffs are granted leave to file an amended complaint as to Count Three within twenty (20) days of this Memorandum Opinion and Order. If no such amended complaint is filed, the Court will conclude that Plaintiffs have abandoned any intent to amend Count Three and will dismiss this remaining claim with prejudice. Signed by Magistrate Judge Richard A. Lanzillo on 6/30/2020. (dm)