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25-5971 - MUHAMMAD v. PISTON et al

Category
Judicial Publications
Collection
United States Courts Opinions
SuDoc Class Number
JU 4.15
Court Type
District
Court Name
United States District Court Eastern District of Pennsylvania
Circuit
3rd
Office Location
Philadelphia
Case Type
civil
Nature of Suit
Prisoner - Prison Condition
Cause
42:1983 Prisoner Civil Rights
Party Names
DUSEL, Defendant
GRINIVICH, Defendant
HARRIS, Defendant
C HARTLESS, Defendant
H KERTES, Defendant
GINA ORLANDO, Defendant
PATTERSON, Defendant
PISTON, Defendant
SHANICE RAPP, Defendant
JOSEPH TERRA, Defendant
NAGUIB MUHAMMAD, Plaintiff
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January 15, 2026

AGAINST PISTON, HARRIS, PATTERSON,AND GRINIVICH, BASED ON THE JULY 28, 2025 INCIDENT, PASS STATUTORY SCREENING AND MAY PROCEED TO SERVICE; ETC. UPON THE FILING OF AN AMENDED COMPLAINT, THE CLERK SHALL NOT MAKE SERVICE UNTIL SO ORDERED BY THE COURT. SIGNED BY DISTRICT JUDGE GERALD J. PAPPERT ON 1/15/16. 1/16/26 ENTERED AND NOT MAILED TO PRO SE AND E-MAILED WARDEN AT SCI HOUTZDALE.(JL) Modified on 2/9/2026 (md).ORDER THAT PLAINTIFFS MOTION TO PROCEED IN FORMA PAUPERIS IS GRANTED. THE COMPLAINT IS DEEMED FILED. THE COMPLAINT IS DISMISSED IN PART WITH PREJUDICE ANDDISMISSED IN PART WITHOUT PREJUDICE FOR FAILURE TO STATE A CLAIM PURSUANT TO 28 U.S.C. § 1915(E)(2)(B)(II) FOR THE REASONS STATED IN THE COURTS MEMORANDUM, AS FOLLOWS: A.THE FOLLOWING CLAIMS ARE DISMISSED WITH PREJUDICE: (1) THE OFFICIAL CAPACITY CLAIMS, (2) ANY CLAIMS BASED ON THE ALLEGED FAILURE TO INVESTIGATE, AND (3) ANY CLAIMS THAT DEFENDANTS INTERFERED WITH THE GRIEVANCE PROCESS. THE CLERK OF THE COURT IS DIRECTED TO TERMINATE THE FOLLOWING DEFENDANTS FROM THIS CASE: (1) C. HARTLESS, (2) GINA ORLANDO, AND (3)SPECIAL AGENT SHANICE RAPP.THE EXCESSIVE FORCE CLAIMS ASSERTED