Owens v. DEB

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

Court: United States District Court, Middle District of Pennsylvania

Date published: Jan 31, 2024

4:22-CV-01571 (M.D. Pa. Jan. 31, 2024)

Opinion

4:22-CV-01571

01-31-2024

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 31^st day of January 2024, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED that:

1. Defendants' motion (Doc. 33) to dismiss under Federal Rule of Civil Procedure 12(b)(6) is GRANTED in part and DENIED in part, as follows:

a. Plaintiff's First Amendment retaliation claim is DISMISSED with prejudice pursuant to Rule 12(b)(6).

b. Plaintiff's RLUIPA claim is DISMISSED with prejudice pursuant to Rule 12(b)(6).

c. Plaintiff's Eighth Amendment conditions-of-confinement claim is DISMISSED with prejudice pursuant to Rule 12(b)(6) as to defendants Tiffany Brindle and Katherine Collins.

d. Defendants' motion is DENIED in all other respects.

2. The Clerk of Court is directed to terminate defendants “Tiffany” and “Katherine.”

3. This case shall proceed on Plaintiff's Eighth Amendment conditions-of-confinement claim against defendants “Deb” and “Kerry” only.

4. Defendants shall respond to the remaining Section 1983 claim listed in paragraph 3 above as required by Federal Rule of Civil Procedure 15.

BY THE COURT: