Hoffman v. Cuffaro et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JOEY HOFFMAN,
Plaintiff,
v.
JILLIAN CUFFARO, et al.,
Defendants.
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Civil No. 3:25-CV-02360
Judge Jennifer P. Wilson
ORDER
AND NOW, on this 20th day of March 2026, for the reasons set forth in the
accompanying memorandum, IT IS ORDERED THAT:
1. Plaintiff’s motion to amend the complaint, Doc. 8, is GRANTED.
2. The Clerk of the Court is directed to file the proposed amended
complaint, Doc. 8-1, as a separate document on the docket to serve
as the operative complaint in this matter.
3. The amended complaint, Doc. 8-1, is DISMISSED pursuant to 28
U.S.C. § 1915(e)(2)(B)(ii).
4. All claims against Defendants Biggs, Weldon, and Rodriguez are
DISMISSED without prejudice.
5. The First Amendment claim is DISMISSED without prejudice.
6. The 	Fifth, 	Eighth, 	and 	Fourteenth 	Amendment 	claims 	are
DISMISSED with prejudice.
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7. Plaintiff may file a second amended complaint by April 20, 2026.1
This second amended complaint shall be titled “Second Amended
Complaint” and shall be filed under the case number captioned
above.
8. The Clerk of Court is directed to forward two (2) copies of the civil
rights complaint form for Plaintiff’s use in drafting his second
amended complaint.
9. Plaintiff’s motion for default, Doc. 10, is deemed WITHDRAWN.
s/Jennifer P. Wilson
JENNIFER P. WILSON
United States District Judge
Middle District of Pennsylvania
1 If Plaintiff does not wish to amend the complaint, he may file a notice stating that he intends to
stand on the complaint. If Plaintiff files such notice, the court will enter a final order dismissing
the complaint so that an appeal may be filed. See Weber v. McGrogan, 939 F.3d 232, 241 (3d
Cir. 2019).
Case 3:25-cv-02360-JPW-EW Document 12 Filed 03/20/26 Page 2 of 2