Owens v. Deb

Full title: CHRISTIAN OWENS, Plaintiff, v. DEB, et al., Defendants.

Court: United States District Court, Middle District of Pennsylvania

Date published: Feb 23, 2023

4:22-CV-01571 (M.D. Pa. Feb. 23, 2023)

Opinion

4:22-CV-01571

02-23-2023

CHRISTIAN OWENS, Plaintiff, v. DEB, et al., Defendants.

Matthew W. Brann Chief United States District Judge

ORDER

Matthew W. Brann Chief United States District Judge

AND NOW, this 23^rd day of February 2023, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED that:

1. Plaintiff's motions (Docs. 5, 11) to proceed in forma pauperis are GRANTED.

2. Plaintiff's second amended complaint, Doc. 9, is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted. Plaintiff's Section 1983 conditions-of-confinement claims are DISMISSED without prejudice as to defendants Deb, Kerry, Tiffany, and Katherine. Plaintiff's Section 1983 conditions-of-confinement claims are DISMISSED with prejudice as to defendants Scott, Weller, and Sauble.

3. Plaintiff, if desired, shall have 21 days from the date of this Order to file a third (and final) amended complaint.

4. If no third amended complaint is timely filed, the case will be closed.