Lee v. Gourely et al

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ABRAHAM SIGURD LEE,
Plaintiff,
v.
MICHAEL GOURLEY, et al.,
Defendants.
No. 1:25-CV-01839
(Chief Judge Brann)
ORDER
AND NOW, this 21 st day of January 2026, in accordance with the
accompanying Memorandum, IT IS HEREBY ORDERED that:
1. 	Plaintiff’s Section 1983 complaint (Doc. 1) is DISMISSED for failure
to state a claim upon which relief may be granted, as follows:
a. 	Plaintiff’s Fourteenth Amendment double jeopardy claim is
DISMISSED with prejudice under 28 U.S.C. § 1915A(b)(1) for
failure to state a claim upon which relief may be granted.
b. 	Plaintiff’s official capacity claims are DISMISSED with
prejudice pursuant to 28 U.S.C. § 1915A(b)(1) as legally
frivolous.
c. 	Plaintiff’s Fourth Amendment claim is DISMISSED without
prejudice under 28 U.S.C. § 1915A(b)(1) for failure to state a
claim upon which relief may be granted.
d. 	Plaintiff’s Eighth Amendment failure-to-protect claim is
DISMISSED without prejudice under 28 U.S.C. § 1915A(b)(1)
for failure to state a claim upon which relief may be granted.
e. 	Plaintiff’s Fourteenth Amendment equal protection claim is
DISMISSED without prejudice under 28 U.S.C. § 1915A(b)(1)
for failure to state a claim upon which relief may be granted.
Case 1:25-cv-01839-MWB-MP Document 30 Filed 01/21/26 Page 1 of 2

2
2. 	Plaintiff’s motion to amend (Doc. 11) is GRANTED. The Clerk of
Court is directed to change defendant “Columbia County,
Pennsylvania” to “Cumberland County, Pennsylvania.”
3. 	Within 21 days of the date of this Order, Plaintiff, if desired, may file
an amended complaint in accordance with the accompanying
Memorandum. Plaintiff must adhere to the specific directions for
amendment provided in the accompanying Memorandum.
4. 	If no amended complaint is timely filed, dismissal of any claim
without prejudice will automatically convert to dismissal with
prejudice and the Court will CLOSE this case.
BY THE COURT:
s/ Matthew W. Brann
Matthew W. Brann
Chief United States District Judge
Case 1:25-cv-01839-MWB-MP Document 30 Filed 01/21/26 Page 2 of 2