Owens v. Donatto

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

Court: United States District Court, Middle District of Pennsylvania

Date published: Feb 23, 2023

4:22-CV-01685 (M.D. Pa. Feb. 23, 2023)

Opinion

4:22-CV-01685

02-23-2023

CHRISTIAN OWENS, Plaintiff, v. DONATTO, 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 motion (Doc. 7) for leave to proceed in forma pauperis is GRANTED.

2. Plaintiff's complaint, Doc. 1, 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 excessive force and retaliation claims are DISMISSED without prejudice as to defendants Donatto, Koons, Kump, and Estrada. Plaintiff's various Section 1983 claims are DISMISSED with prejudice as to defendants Rhoades, Huey, Iain, Sutherland, Warick, Knous, Reed, Ramos, Lesher, Nocton, and Mccarado.

3. The Clerk of Court is directed to terminate defendants Rhoades, Huey, Iain, Sutherland, Warick, Knous, Reed, Ramos, Lesher, Nocton, and Mccarado.

4. Plaintiff, if desired, shall have 21 days from the date of this Order to file an amended complaint.

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