Sanders v. Prince et al

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Case 3:25-cv-00234-JKM-CA Document 32
Filed 11/13/25 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ALPHONSO SANDERS,
No. 3:25cv234
:
Plaintiff
(Judge Munley)
V.
DR. PRINCE, et al.,
Defendants
13th th ORDER
AND NOW, to wit, this day of November 2025, upon consideration of the Rule 12(b) motion (Doc. 15) to dismiss by defendants Bohinski, Benning, and Conmy, and the parties' respective briefs in support of and in opposition to said motion, and for the reasons set forth in the accompanying memorandum, it is
hereby ORDERED that:
1. The motion (Doc. 15) is GRANTED in part and DENIED in part, as follows.
2. The motion to dismiss this action as barred by the applicable statute of limitations is DENIED.
3. The motion to dismiss is GRANTED without prejudice and with leave to amend as to plaintiff's Eighth Amendment claim.
4. On or before November 26, 2025, plaintiff may file a proposed amended complaint. The proposed amended complaint shall contain the same case number that is already assigned to this action, 3:25- cv-234.
AUTHENTICATED U.S. GOVERNMENT INFORMATION GPO

Case 3:25-cv-00234-JKM-CA Document 32 Filed 11/13/25 Page 2 of 2
5. The proposed amended complaint shall be direct, concise, and shall stand-alone without reference to any other document filed in this matter or any other civil matter. See FED. R. Civ. P. 8(d)(1).
6. Failure to file a proposed amended complaint within the timeframe set forth in paragraph 4 will convert the dismissal of the remaining claim without prejudice to a dismissal with prejudice without the necessity of a further order of court.
7. The action against "Physical Therapist Ron" is DISMISSED pursuant to Federal Rule of Civil Procedure 4(m). The Clerk of Court is directed to TERMINATE "Physical Therapist Ron" as a defendant in this action.
8. Any appeal from this order is DEEMED frivolous and not taken in good faith. See 28 U.S.C. § 1915(a)(3).
BY THE COURT:
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United States District Court
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