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Bakhtiari v. Spaulding

United States District Court, M.D. Pennsylvania

June 27, 2017

ALIREZA BAKHTIARI, Plaintiff
v.
STEVEN SPAULDING, et al., Defendants

          ORDER

          Yvette Kane, District Judge

         AND NOW, this 27th day of June 2017, in accordance with the accompanying Memorandum, IT IS ORDERED THAT:

1. Plaintiff's motions for leave to proceed in forma pauperis (Doc. Nos. 2, 6), construed as a request to proceed without full prepayment of the filing fee, are GRANTED;
2. Plaintiff's motion for extension of time to file in forma pauperis material (Doc. No. 9), is DENIED AS MOOT;
3. Plaintiff's complaint (Doc. No. 1), is DISMISSED IN PART pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e)(2);
4. The following claims and/or Defendants are DISMISSED WITH PRJEUDICE:
a. Plaintiff's FOIA claim against Defendants Tafleski, Qureishi, and Spaulding (Count 1);
b. Plaintiff's FTCA claims against Defendants Steven Spaulding, Reedy, Hause, Lilian Galloza, Martin, Maize, Felton, Slokom, Bittenebender, Lozano, John Does 1-4, Justin Blewitt, G. Theil, Joanne Hoffman, Kate Mershimer, Michael Consiglio, Michael Tafleski, and Sarah Qureishi (Counts 2-7);
c. Plaintiff's Bivens' claims against Defendants John Does 1-4, Bittenbender, Brewagoner, Hause, Lozano, Trithol, Spaulding, Reedy, Martin, Tafleski, Slokum, Galloza, Maize, Felton, Blewitt, Theil, Hoffman, Mershimer, and Consiglio in their official capacities (Counts 11-19);
d. Plaintiff's Eighth Amendment deliberate indifference claim against Defendants Bittenbender, Tafleski, Brewagoner and Maize in their individual capacities (Count 11); and
e. Plaintiff's First Amendment and Fifth Amendment access-to-the-court claims (Counts 16-17);

         5. The following claims are DISMISSED WITHOUT PRJEUDICE and WITH LEAVE TO AMEND:

a. Plaintiff's FOIA claim against the proper institutional defendant (Count 1);
b. Plaintiff's FTCA civil conspiracy claim against the United ...

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