Washington v. Blommel et al

OCR transcription for search; preserved printed pages are authoritative

Case 3:25-cv-00533-JKM-CA
Document 31 Filed 01/06/26 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
YUSUF WASHINGTON,
:
No. 3:25cv533
:
Plaintiff
(Judge Munley)
V.
C.O. BLOMMEL, et al.,
:
Defendants
:
ORDER
AND NOW, to wit, this 7 day of January 2026, upon consideration of defendants' Rule 12(b) motion (Doc. 20) to partially dismiss the complaint, 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. 20) is GRANTED in part and DENIED in part.
2. The motion to dismiss the Fourteenth Amendment due process claim against Warren, Hickok, and Wiederhold is DENIED.
3. The motion to dismiss the conspiracy claim, First Amendment access to the courts claim, Eighth Amendment claim regarding a choice between exercise time and law library time, First Amendment retaliation claim, and Fifth Amendment claim is GRANTED. The First Amendment access to the courts claim, Eighth Amendment claim regarding a choice between exercise time and law library time, First Amendment retaliation claim, and Fifth Amendment claim are DISMISSED with prejudice and without leave to amend. The
AUTHENTICATED U.S. GOVERNMENT INFORMATION GPO

Case 3:25-cv-00533-JKM-CA Document 31
Filed 01/06/26 Page 2 of 3
conspiracy claim is DISMISSED without prejudice and with leave to amend.
4. On or before January 20, 2026, plaintiff may file an amended complaint only as to his Section 1983 conspiracy claim against Blommel, Valinsky, Gomonda, and Adamcik. If plaintiff does not timely file an amended complaint, plaintiff's inaction will be deemed as a desire to abandon the conspiracy claim, and this order dismissing the conspiracy claim without prejudice will result in a dismissal with prejudice without further order of court.
5. Defendants shall FILE an answer to all remaining claims on or before January 26, 2026.
6. Discovery shall be completed on or before March 6, 2026. In accordance with Local Rule of Court 5.4(b), the parties shall refrain from filing discovery requests with the court.
7. On or before January 20, 2026, the parties shall NOTIFY the court of whether they are amenable to mediation.
8. On or before January 20, 2026, the parties shall NOTIFY the court of their willingness to consent to the jurisdiction of a United States Magistrate Judge. See 28 U.S.C. § 636(c).
9. Dispositive motions shall be filed on or before February 4, 2026.
10. No extensions of the pre-trial schedule shall be granted absent good cause. See FED. R. CIv. P. 16(b).
11. Any motions or briefs filed after the expiration of the applicable deadline, without prior leave of court, shall be stricken from the record.
12. The scheduling of a final pre-trial conference and the trial date of this matter is deferred pending disposition of dispositive motions.
2

Case 3:25-cv-00533-JKM-CA Document 31 Filed 01/06/26 Page 3 of 3
13. 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:

JUDGE JULIA K. MUNLE
United States District Cou

™