Opinion
Civil Action 3:20-CV-246
06-30-2021
JOHN W. RIVERS, Plaintiff v. BOROUGH OF OLYPHANT and JAMES DEVOE, individually and in his official capacity, Defendants
ORDER
Christopher C. Conner United States District Judge Middle District of Pennsylvania
AND NOW, this 30th day of June, 2021, upon consideration of defendants' motion (Doc. 27) to dismiss plaintiff's amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6), and the parties' briefs in support of and in opposition thereto, and for the reasons set forth in the accompanying memorandum, it is hereby ORDERED that:
1. Defendants' motion (Doc. 27) to dismiss is GRANTED.
2. Plaintiff's amended complaint (Doc. 26) is DISMISSED without further leave to amend.
3. Defendant's motion (Doc. 38) for summary judgment is DENIED as moot.
4. The Clerk of Court is directed to CLOSE this case.