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Iverson v. Flowers

United States District Court, Middle District of Pennsylvania

September 30, 2014

DAVID IVERSON, Plaintiff
v.
LT. FLOWERS, et al., Defendants

ORDER

AND NOW, THIS 29th DAY OF SEPTEMBER, 2014, for the reasons set forth in the Memorandum of this date, IT IS HEREBY ORDERED THAT:

1. Defendants' motion to dismiss, (Doc. 40), is DENIED with respect to Plaintiffs Eighth Amendment use of force claim.

2. Defendants' motion to dismiss, (Doc. 40), is GRANTED as to all remaining claims. Defendants Southers, Ditty, Davis, and Department of Corrections are DISMISSED from this action.

3. Defendants Captain John Doe and Correctional Officer John Doe are DISMISSED from this case pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, as they have not been served within 120 days of the date on which they were named as Defendants in this case.

4. Plaintiffs Eighth Amendment claims of excessive force and conditions of confinement are the only claims that will proceed as to the remaining Defendants.

5. Remaining Defendants shall file any dispositive motion within thirty (30) days. Failure to file a dispositive motion will result in the case being set for trial at the convenience of the Court.


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