Nixon v. Nicholas

Full title: DENISE NIXON, Plaintiff v. WENDY NICHOLAS, et al., Defendants

Court: United States District Court, Middle District of Pennsylvania

Date published: Apr 25, 2023

Civil 3:22-cv-1999 (M.D. Pa. Apr. 25, 2023)

Opinion

Civil 3:22-cv-1999

04-25-2023

DENISE NIXON, Plaintiff v. WENDY NICHOLAS, et al., Defendants

ROBERT D. MARIANI, UNITED STATES DISTRICT JUDGE

ORDER

ROBERT D. MARIANI, UNITED STATES DISTRICT JUDGE

AND NOW. this 25^th day of April, 2023, upon consideration of Defendants' motion (Doc. 16), and for the reasons set forth in the accompanying Memorandum, IT IS HEREBY ORDERED THAT:

1. The motion (Doc. 16) is treated as a motion for summary judgment with respect to exhaustion of administrative remedies and is GRANTED. The Clerk of Court is directed to ENTER judgment in favor of Defendants Wendy Nicholas, William Frantz, Mike Minniq, and E. Stevens, and against Plaintiff.

2. The motion (Doc. 16) to dismiss is GRANTED in all other respects.

3. Any appeal from this Order is DEEMED frivolous and not in good faith. See 28 U.S.C. § 1915(a)(3).