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08-132 - SALLEY v. RENDELL et al


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08-132 - SALLEY v. RENDELL et al
April 14, 2008
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MEMORANDUM OPINION AND ORDER DISMISSING complaint with prejudice pursuant to the PLRA as being duplicative and therefore malicious. Alternatively, the complaint is dismissed with prejudice for failure to state a claim as to any wrongdoing occurring before 3/11/2007 based upon res judicata. Alternatively, the complaint is dismissed with prejudice against Defendant Rendell for failure to state a claim upon which relief can be granted because the complaint bases liability solely upon respondent superior. Lastly, to the extent that Plaintiff complains of any actions taken against him after 3/11/2007 by which date he had already been transferred out of this judicial district, the complaint is dismissed, albeit without prejudice, due to improper venue. The court concludes that amendment of the complaint would be futile. Signed by Magistrate Judge Amy Reynolds Hay on 4/14/2008. (dgg)