Mitchell v. Brittain

Full title: LESLIE R. MITCHELL, Plaintiff, v. K. BRITTAIN, Defendant.

Court: United States District Court, Middle District of Pennsylvania

Date published: Dec 6, 2022

4:22-CV-00619 (M.D. Pa. Dec. 6, 2022)

Opinion

4:22-CV-00619

12-06-2022

LESLIE R. MITCHELL, Plaintiff, v. K. BRITTAIN, Defendant.

Matthew W. Brann Chief United States District Judge

ORDER

Matthew W. Brann Chief United States District Judge

AND NOW, this 6^th day of December 2022, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED that:

1. Defendant's motion (Doc. 9) to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) is GRANTED. Plaintiff's individual capacity Section 1983 claim against defendant Kathy Brittain is DISMISSED without prejudice.

2. Plaintiff's official capacity claim against Brittain is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim on which relief may be granted.

3. Plaintiff, if desired, may file an amended complaint in conformity with the accompanying Memorandum within 21 days of the date of this Order. If no amended complaint is timely filed, this case will be closed.