Opinion
1:20-cv-00337 (Erie)
08-03-2021
MUSTAFA WILLIAMS, Plaintiff v. MICHELLE CROWTHER, UNIT MANAGER DOUGLAS DICKEY, SERGEANT MONTOUR, SERGEANT BLOSS, CORRECTIONAL OFFICER MENTEER and FACILITY MANAGER OVERMEYER, Defendants
ORDER ON MOTION TO DISMISS ECF NO 16
HON. RICHARD A. LANZILLO UNITED STATES MAGISTRATE JUDGE
Presendy before the Court is Defendants' Motion to Dismiss Plaintiff Mustafa Williams' Amended Complaint for Failure to State A Claim (ECF No. 16). For the reasons set forth in the accompanying Memorandum Opinion (ECF No. 22), the Defendants' motion is GRANTED and this action is DISMISSED, as follows:
1. The Fifth Amendment Claims (construed as Fourteenth Amendment Claims) against the Defendants are DISMISSED with prejudice as any attempt at amendment would be futile;
2. The First Amendment retaliation claim against Defendant Bloss is DISMISSED without prejudice to further amendment. The Plaintiff may file a Second Amended Complaint against Defendant Bloss within fourteen (14) days of the date of this order.