Opinion
1:22-cv-0515
11-30-2022
MARCUS STROUD, Plaintiff v. WARDEN USP LEWISBURG, et al., Defendants
ORDER
SYLVIA H. RAMBO, UNITED STATES DISTRICT JUDGE
AND NOW, on this 30th day of November 2022, for the reasons set forth in the Memorandum accompanying this Order, IT IS ORDERED THAT:
1. Plaintiff Marcus Stroud's motion for reconsideration (Doc. No. 12) is GRANTED in part.
2. This Court's Order dated May 25, 2022, is VACATED.
3. Stroud's complaint (Doc. No. 1) is DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state a claim upon which relief may be granted, as follows:
a. Stroud's state-created danger, equal protection, and failure-to-supervise Bivens claims are DISMISSED with prejudice.
b. Stroud's civil conspiracy claim is DISMISSED without prejudice.
4. Stroud's motion to amend (Doc. No. 12) is GRANTED only to the extent that Stroud may file an amended complaint in conformity with the accompanying Memorandum by no later than December 21, 2022. If no amended complaint is timely filed, this case will be closed.