Opinion
CIVIL 3:20-cv-1479
11-23-2022
ORDER
ROBERT D. MARIANI, UNITED STATES DISTRICT JUDGE
AND NOW, this 23rd day of November, 2022, upon consideration of Defendants' motion (Doc. 80) to dismiss and/or for summary judgment, and for the reasons set forth in the accompanying Memorandum, IT IS HEREBY ORDERED THAT:
1. The motion (Doc. 80) for summary judgment is GRANTED.
2. The Clerk of Court is directed to ENTER judgment in favor of Defendants John Rissell, Kristofer Adams, Shawn Brown, and Troy Dunlap, and against Plaintiff.
3. The Court declines to exercise supplemental jurisdiction over the state law claims. 28 U.S.C. § 1367(c)(3).
4. The action against Deputy Warden Wagner is DISMISSED pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. See FED. R. CIV. P. 4(m).
5. The Clerk of Court is directed to CLOSE this case.
6. Any appeal from this Order is DEEMED frivolous and not taken in good faith. See 28 U.S.C. § 1915(a)(3).