Opinion
1:22-cv-01337
12-07-2022
JAMIEL L. WILLIAMS, Plaintiff v. PA DEPARTMENT OF CORRECTIONS, et al., Defendants
ORDER
SYLVIA H. RAMBO UNITED STATES DISTRICT JUDGE
AND NOW, on this 7th day of December 2022, upon consideration of Plaintiff's amended complaint (Doc. No. 18), and in accordance with the Court's accompanying Memorandum, IT IS ORDERED THAT:
1. Plaintiff's amended complaint (Doc. No. 18) is DISMISSED for failure to state a claim upon which relief can be granted pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii);
2. Plaintiff's 42 U.S.C. § 1983 (“Section 1983”) claims against Defendants Pennsylvania Department of Corrections and Smart Communications are DISMISSED without leave to amend;
3. Plaintiff's Section 1983 claims against Defendants Rivello, Corley, and Goss are dismissed with leave to amend. Plaintiff may file a second complaint against Defendants Rivello, Corley, and Goss in accordance with the Federal Rules of Civil Procedure and the standards set forth in the Court's accompanying Memorandum;
4. Plaintiff shall file his second amended complaint against Defendants Rivello, Corley, and Goss within thirty (30) days of the date of this Order;
5. The Clerk of Court is directed to mail Plaintiff a civil rights complaint form. Plaintiff shall title that complaint form “Second Amended
Complaint” and shall include the docket number for this case, 1:22-cv-01337; and
6. In the event that Plaintiff fails to file a second amended complaint within the thirty (30) days, this action may be subject to dismissal for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure.