Opinion
4:23-CV-00561
01-26-2024
DONDRE MCMILLAN, Plaintiff, v. LYCOMING COUNTY, MICHAEL CORTER, TYSON HAVENS, MICHAEL A. CASCHERA, III, CLINTON GARDNER, JOHN and/or JANE DOES, and RYAN GARDNER, Defendants.
ORDER
MATTHEW W. BRANN, CHIEF UNITED STATES DISTRICT JUDGE
In accordance with the accompanying Memorandum Opinion, IT IS HEREBY ORDERED that:
1. Defendants Michael Corter's and Clinton Gardner's Motion to Dismiss (Doc. 32) is GRANTED IN PART;
a. Michael Corter is DISMISSED WITHOUT PREJUDICE from Count I;
b. Clinton Gardner is DISMISSED WITHOUT PREJUDICE from Counts II, III, and XI of the Amended Complaint;
c. Defendants Michael Corter's and Clinton Gardner's Motion to Dismiss (Doc. 32) is DENIED in all other respects;
2. Defendants Lycoming County's, Ryan Gardner's, Michael A. Caschera, III's, and Tyson Havens' Motion to Dismiss (Doc. 31) is GRANTED IN PART;
a. Lycoming County is DISMISSED WITHOUT PREJUDICE;
b. Ryan Gardner is DISMISSED WITHOUT PREJUDICE;
c. Tyson Havens is DISMISSED WITHOUT PREJUDICE from Counts II, III, and XI of the Amended Complaint;
d. Defendants Lycoming County's, Ryan Gardner's, Michael A. Caschera, III's, and Tyson Havens' Motion to Dismiss (Doc. 31) is DENIED in all other respects;
3. Plaintiff has fourteen (14) days from today's date to file a second amended complaint. If no second amended complaint is filed, the counts subject to dismissal without prejudice will then be subject to dismissal with prejudice.