United States District Court, Middle District of Pennsylvania
September 23, 2014
JESSE MCKINLEY CARTER, Jr., Plaintiff
WARDEN J.E. THOMAS, LEWISBURG U.S.P., et al., Defendants
JAMES M. MUNLEY, JUDGE
AND NOW, to wit, this 23rd day of September 2014, upon consideration of plaintiff s motion (Doc. 43) to dismiss and/or for summary judgment, and in accordance with the court's memorandum of the same date, it is hereby ORDERED that:
1. Defendants' motion (Doc. 43) to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) is GRANTED and plaintiffs complaint is dismissed in its entirety.
2. Alternatively, defendants' motion (Doc. 43) for summary judgment is GRANTED based on plaintiffs failure to exhaust administrative remedies.
3. The Clerk of Court is directed to ENTER judgment in favor of defendants and against plaintiff.
4. The Clerk of Court is directed to CLOSE this case.
5. Any appeal from this order is DEEMED frivolous and not in good faith. See 28U.S.C. § 1915(a)(3).