IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
January 11, 2013
BOB KING, PLAINTIFF,
STEVEN R. GLUNT, SUPERINTENDENT; JENNEFER ROSSMAN, UNIT MANAGER AT SCI HOUTZDALE; CO 1 HENRY, UNIT MANAGER AT SCI HOUTZDALE; REESE, UNIT MANAGER AT SCI HOUTZDALE; BAILEY, UNIT MANAGER AT SCI HOUTZDALE; MARY JO BARBER, UNIT MANAGER AT SCI HOUTZDALE; AND ROBERT BLAKE, UNIT MANAGER AT SCI HOUTZDALE, DEFENDANTS.
The opinion of the court was delivered by: Chief Magistrate Judge Lisa Pupo Lenihan
ECF No. 25
AND NOW, this 11th day of January, 2013;
IT IS HEREBY ORDERED that the Motion to Dismiss filed by Defendants (ECF No. 25) is GRANTED.
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
Bob King 595 East 170th Street Apt. 3N Bronx, NY 10456 Via U.S. Postal Mail Counsel of Record Via Electronic Mail
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