United States District Court, M.D. Pennsylvania
March 20, 2015
MATTHEW J. ROMERO, et al., Plaintiffs
WARDEN ROY JOHNSON, et al., Defendants
YVETTE KANE, District Judge.
NOW, THEREFORE, THIS 20th DAY OF MARCH, 2015, upon consideration of Defendants' Motion to Dismiss (Doc. No. 47) and for the reasons set forth in the accompanying Memorandum, IT IS HEREBY ORDERED THAT:
1) The Motion to Dismiss is GRANTED in part and DENIED in part as follows:
a) Plaintiffs' Fourteenth Amendment claim of denial of due process due to the denial of prison grievance forms is DISMISSED with prejudice.
b) Plaintiffs' Fourteenth Amendment claim of racial discrimination is DISMISSED without prejudice.
c) Defendants' motion to dismiss Plaintiffs' Eighth Amendment claim of cruel and unusual punishment is DENIED.
d) Defendants' motion to dismiss Plaintiffs' First Amendment claim of retaliation is DENIED.
2) Defendants shall file an answer as to the remaining claims in the complaint within twenty (20) days from the date of this Order.