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Lindsey v. Shaffer

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


September 10, 2009

JERRY SAMUEL LINDSEY, PLAINTIFF,
v.
PHIL SHAFFER, HEAD COUNSELOR; RICHARD GIGLIOTTI, WARDEN; ART MARX, DEPUTY WARDEN, DEFENDANTS.

The opinion of the court was delivered by: Joy Flowers Conti United States District Judge

Judge Joy Flowers Conti

Magistrate Judge Lisa Pupo Lenihan

ORDER

AND NOW, this 10th day of September, 2009;

IT IS HEREBY ORDERED that, with respect to plaintiff's claims of cruel and unusual punishment and denial of access to the courts, defendants' motion to dismiss pursuant (Doc. No. 13) to Rule 12(b)(6) is GRANTED WITHOUT PREJUDICE.

IT IS FURTHER ORDERED that plaintiff is given thirty (30) days from the date of this order to amend his complaint with respect to his claims of cruel and unusual punishment and denial of access to the courts. If plaintiff fails to amend his complaint with respect to these claims, defendants' motion to dismiss will be GRANTED WITH PREJUDICE.

IT IS FURTHER ORDERED that, insofar as plaintiff's complaint can be read to allege a denial of the right to a fair trial, defendants' Motion to Dismiss is GRANTED.

IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.

20090910

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