Opinion
CIVIL 3:23-cv-591
04-05-2024
SHAUN WARRICK, Plaintiff v. SECRETARY LAUREL HARRY, et al., Defendants
ORDER
Robert D. Mariani United States District Judge
AND NOW, this 3rd day of April, 2024, upon consideration of Defendant Harry's motion (Doc. 36) to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), and for the reasons set forth in the accompanying Memorandum, IT IS HEREBY ORDERED THAT:
1. The motion (Doc. 36) is DENIED.
2. Defendant Harry shall FILE an answer, or appropriate pretrial motion, in the manner set forth in the Federal Rules of Civil Procedure.
3. The Clerk of Court is directed to STRIKE the supplemental amended complaint (Doc. 45) from the record.
4. Any appeal from this Order is DEEMED frivolous and not taken in good faith. See 28 U.S.C. § 1915(a)(3).