Mbewe v. Delbalso

Full title: CHRISTOPHER MBEWE, Plaintiff, v. THERESA A. DELBALSO, et al., Defendants.

Court: United States District Court, Middle District of Pennsylvania

Date published: Aug 16, 2022

4:21-CV-00654 (M.D. Pa. Aug. 16, 2022)

Opinion

4:21-CV-00654

08-16-2022

CHRISTOPHER MBEWE, Plaintiff, v. THERESA A. DELBALSO, et al., Defendants.

Matthew W. Brann Chief United States District Judge

ORDER

Matthew W. Brann Chief United States District Judge

AND NOW, this 16^th day of August 2022, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED that:

1. Defendants' motion (Doc. 39) to dismiss the second amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) is GRANTED.

2. Mbewe's Fourteenth Amendment claim of deprivation of property without due process is DISMISSED with prejudice.

3. Mbewe's First and Fourteenth Amendment access-to-courts claim is DISMISSED without prejudice.

4. Mbewe's First Amendment free-speech legal mail interference claim is DISMISSED without prejudice.

5. Mbewe, if desired, may file a third amended complaint in conformity with the accompanying Memorandum within 21 days of the date of this Order, or on or before September 6, 2022.

6. If no third amended complaint is timely filed, the Court will CLOSE this case.