Opinion
Civil Action No. 11 - 1506
03-22-2013
ANGELO LENELL DAVIS, Plaintiff, v. MICHAEL HARLOW, et al., Defendants.
Chief Magistrate Judge Lisa Pupo Lenihan
ORDER
IT IS HEREBY ORDERED that, pursuant to this Court's Memorandum Opinion, Defendants' Motion to Dismiss (ECF No. 49) is GRANTED in part, DENIED in part, and DENIED WITHOUT PREJUDICE in part.
IT IS FURTHER ORDERED that all claims in Plaintiff's Second Amended Complaint are dismissed with prejudice except for Plaintiff's retaliation claims against Defendants Cowan, Nickolas, Swartz, Macknair, Staley, Guyton, Burris, Winfield, Matthews, Bupka, Baker, Mitchell and Rogers.
IT IS FURTHER ORDERED that Defendants may reassert their argument regarding exhaustion of administrative remedies in a properly filed motion for summary judgment.
IT IS FURTHER ORDERED that the Clerk shall direct the United States Marshal to mail a copy of Plaintiff's Second Amended Complaint (ECF No. 46), notice of lawsuit and request for waiver of service of summons, and waiver, to Defendants Rogers, Guyton and Burris. Cost of service shall be advanced by the United States. Defendants are requested to waive service pursuant to Rule 4(d).
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Lisa Pupo Lenihan
Chief United States Magistrate Judge
Cc: Angelo Lenell Davis
SCI Greene
175 Progress Drive
Waynesburg, PA 15370
Via U.S. Postal Mail
Counsel of Record
Via ECF Electronic Mail