Opinion
CIVIL 3:22-cv-1382
05-28-2024
DASHAAN R. SMITH, Plaintiff v. SUPERINTENDENT T. MCGINLEY, et al., Defendants
ORDER
Robert D. Mariani United States District Judge
AND NOW, this 28th day of May, 2024, upon consideration of Defendants' motion (Doc. 54) for summary judgment, and the parties' respective briefs in support of and in opposition to said motion, and for the reasons set forth in the accompanying Memorandum, IT IS HEREBY ORDERED THAT:
1. The motion (Doc. 54) for summary judgment is GRANTED.
2. The Clerk of Court is directed to ENTER judgment in favor of Defendants Superintendent T. Mcginley, Lieutenant Rice, Captain Dolton, Grievance Officer A. Wheary, D. Varner, J. Gibson, G. Burns, Unit Manager J. Dunn, and Correctional Officer Haines, and against Plaintiff.
3. Plaintiff's request (Doc. 69) for leave to amend to add a new Defendant and new claims is DENIED. See Cureton v. Nat'l Collegiate Athletic Ass'n, 252 F.3d 267, 273-74 (3d Cir. 2001) (affirming district court's denial of plaintiff's post-summary-judgment motion to amend because, among other things, "the motion was filed three years after the complaint was filed” and noting that “substantial or undue prejudice to the non-moving party is a sufficient ground for denial of leave to amend”).
4. The Clerk of Court is further directed to CLOSE this case.
5. Any appeal from this Order is DEEMED frivolous and not taken in good faith. See 28 U.S.C. § 1915(g).