EARLS v. COLLINS

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA CHARLES RAYMOND EARLS, III, : Plaintiff : v. : Case No. 3:23-cv-303-KAP JOHN COLLINS, et al., : Defendants : Memorandum Order With two exceptions “federal courts treat pro se litigants the same as any other litigant.” Mala v. Crown Bay Marina, Inc., 704 F.3d 239, 244 (3d Cir. 2013). Those exceptions are liberal construction of pleadings — which does not relieve pro se plaintiffs from alleging sufficient facts in their complaints — id., 704 F.3d at 245, and giving notice to pro se inmate litigants when a motion to dismiss will be treated as asummary judgment motion. Id. Defendants have filed at ECF no. 38 a motion to dismiss with sufficient evidentiary material attached that it should be treated as a motion for summary judgment. I am giving the parties notice that I intend to treat the motion to dismiss as such. Plaintiff's response thereto is due on or before August 17, 2025.

IR DATE: July 17, 2025 Keith A. Pesto, United States Magistrate Judge Notice by ECF to counsel of record and by U.S. Mail to: Charles Raymond Earls, III, Jr. QL-8667 S.C.I. Rockview Box A Rockview Place Bellefonte, PA 16823