Nixon v. Nicholas

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

Court: United States District Court, Middle District of Pennsylvania

Date published: Jul 21, 2023

Civil 3:22-cv-1999 (M.D. Pa. Jul. 21, 2023)

Opinion

Civil 3:22-cv-1999

07-21-2023

DENISE NIXON, Plaintiff v. WENDY NICHOLAS, etal., Defendants

ROBERT D. MARIANI UNITED STATES DISTRICT JUDGE

ORDER

ROBERT D. MARIANI UNITED STATES DISTRICT JUDGE

AND NOW, this 21^st day of July, 2023, upon consideration of Defendant Shafik's motion (Doc. 32) to dismiss or, in the alternative, for summary judgment, and for the reasons set forth in the accompanying Memorandum, IT IS HEREBY ORDERED THAT:

1. The motion (Doc. 32) 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 Defendant John Shafik and against Plaintiff.

2. The motion (Doc. 32) to dismiss is GRANTED in all other respects.

3. The action against the John/Jane Doe Defendant is DISMISSED pursuant to Federal Rule of Civil Procedure 4(m).

4. The Clerk of Court is directed to CLOSE this case.

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