James Nero v. Nurse Barna, et al.

Summary

The United States District Court for the Middle District of Pennsylvania dismissed James Nero’s Bivens lawsuit with prejudice under 28 U.S.C. § 1915A(b)(1) for failure to state a claim. The court dismissed his motion for injunctive relief as moot and directed the Clerk to close the case.

Holdings

1. Plaintiff's Bivens lawsuit was dismissed with prejudice under 28 U.S.C. § 1915A(b)(1) for failure to state a claim upon which relief may be granted.
2. The motion for injunctive relief was dismissed as moot because the underlying Bivens lawsuit was dismissed.

Questions Presented

1. Whether Plaintiff's Bivens lawsuit stated a claim upon which relief may be granted under 28 U.S.C. § 1915A(b)(1).
2. Whether Plaintiff's motion for injunctive relief should be dismissed as moot after dismissal of the underlying lawsuit.

Disposition

dismissed