Hill v. Moclock ( 2023 )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA EARL HILL, : Plaintiff : : No. 1:22-cv-01176 v. : : (Judge Kane) UNITED STATES OF AMERICA et al., : Defendants : ORDER AND NOW, on this 7th day of June 2023, upon consideration of pro se Plaintiff Earl Hill (“Plaintiff”)’s amended complaint (Doc. No. 15), and in accordance with the accompanying Memorandum, IT IS ORDERED THAT: 1. Plaintiff’s amended complaint is DISMISSED WITHOUT PREJUDICE for failure to state a claim upon which relief can be granted pursuant to 28 U.S.C. § 1915(e)(2); 2. Plaintiff is GRANTED a final opportunity to amend his pleading in order to assert (1) a claim under the Federal Tort Claims Act, 28 U.S.C. § 1346, for negligence against the United States and (2) an Eighth Amendment deliberate indifference to medical care claim against Defendants Moclock, Piedro, and Ball pursuant to Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971); 3. Plaintiff shall file his third amended complaint within thirty (30) days of the date of this Order; 4. The Clerk of Court is directed to mail Plaintiff a civil rights complaint form. Plaintiff shall title that complaint form “Third Amended Complaint” and shall include the docket number for this case, 1:22-cv-01176; and 5. In the event that Plaintiff fails to file a third amended complaint within the thirty (30) days, then this action may be subject to dismissal. s/ Yvette Kane Yvette Kane, District Judge United States District Court Middle District of Pennsylvania