Cummings v. Kramer

Full title: WILLIAM CUMMINGS, Plaintiff v. R. KRAMER, et al., Defendants

Court: United States District Court, Middle District of Pennsylvania

Date published: Sep 29, 2022

Civil Action 1:22-1118 (M.D. Pa. Sep. 29, 2022)

Opinion

Civil Action 1:22-1118

09-29-2022

WILLIAM CUMMINGS, Plaintiff v. R. KRAMER, et al., Defendants

MALACHY E. MANNION United States District Judge

CARLSON, M.J.

ORDER

MALACHY E. MANNION United States District Judge

In accordance with this court's Memorandum issued this same day, IT IS HEREBY ORDERED THAT:

1. The September 7, 2022 report of Magistrate Judge Carlson, (Doc. 6), is ADOPTED IN ITS ENTIRETY.

2. The defendants' motion to dismiss, (Doc. 6), is GRANTED, IN PART, and DENIED, IN PART.

3. All of the claims in the plaintiff's complaint, (Doc. 1-1), are DISMISSED WITHOUT PREJDUICE, except for the 8^th Amendment claim against defendant Lawton specified in the report, which will proceed.

4. The plaintiff is GRANTED leave to file one amended complaint that conforms to Judge Carlson's directives upon remand of this case.

5. The clerk of court is directed to REMAND this case to Judge Carlson for further proceedings consistent with this Order.