IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
January 8, 2013
DAVID BOHM, PLAINTIFF,
MELISSA STRAW, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Chief Magistrate Judge Lisa Pupo Lenihan
ECF Nos. 27, 34, 41
AND NOW, this 8th day of January, 2013; IT IS HEREBY ORDERED that the Motion to Dismiss filed by Defendants (ECF No. 27) is GRANTED.
IT IS FURTHER ORDERED that Plaintiff's Motion for Preliminary Injunction and Temporary Restraining Order (ECF No. 34) is DENIED.
IT IS FURTHER ORDERED that Plaintiff's Motion to Amend/Correct Complaint (ECF No. 41) is construed as a Motion to Supplement and is DENIED.
IT IS FURTHER ORDERED that Plaintiff is not permitted to amend his complaint as granting him leave to do so would be futile. See Fletcher-Harlee Corp. v. Pote Concrete Contractors, Inc., 482 F.3d 247, 251 (3d Cir. 2007); see also Alston v. Parker, 363 F.3d 229, 235 (3d Cir. 2004) (asserting that where a complaint is vulnerable to dismissal pursuant to 12(b)(6), the district court must offer the opportunity to amend unless it would be inequitable or futile).
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.
AND 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.
Lisa Pupo Lenihan Chief United States Magistrate Judge
cc: David Bohm GV-8861 SCI Cresson P.O. Box A Cresson, PA 16699-0001 Via U.S. Postal Mail
Counsel of Record Via Electronic Mail
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