Opinion
CIVIL 3:21-cv-1646
12-19-2022
ORDER
ROBERT D. MARIANI, UNITED STATES DISTRICT JUDGE
AND NOW, this 19th day of December, 2022, upon consideration of Defendants' motion (Doc. 34) to partially dismiss the amended complaint, and the parties' respective briefs in support of and in opposition to said motion, and for the reasons set forth in the accompanying Memorandum, IT IS HEREBY ORDERED THAT:
1. The motion (Doc. 34) is GRANTED.
2. The claims against Warden Haidle and Deputy Warden McCoy are DISMISSED. The Clerk of Court is directed to TERMINATE Warden Haidle and Deputy Warden McCoy as Defendants in this action.
3. The official capacity claims are DISMISSED.
4. Any appeal from this Order is DEEMED frivolous and not taken in good faith. See 28 U.S.C. § 1915(a)(3).