James Nero v. Nurse Barna, et al.

• Court: District Court, M.D. Pennsylvania
• Decided: April 3, 2026
• Docket: 4:25-cv-02412
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

JAMES NERO, No. 4:25-CV-02412

Plaintiff, (Chief Judge Brann)

v.

NURSE BARNA, et al.,

Defendants.

ORDER AND NOW, this 3rd day of April 2026, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED that: 1. Plaintiff’s Bivens lawsuit is DISMISSED with prejudice pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state a claim upon which relief may be granted.

2. Plaintiff’s motion for injunctive relief (Doc. 10) is DISMISSED as moot in light of paragraph 1 above.1

3. The Clerk of Court is directed to CLOSE this case.

BY THE COURT:

s/ Matthew W. Brann Matthew W. Brann Chief United States District Judge

1 The motion for injunctive relief, if considered on the merits, would be denied. Plaintiff’s Bivens claims do not have a “likelihood of success on the merits,” which is a threshold requirement for injunctive relief. See Reilly v. City of Harrisburg, 858 F.3d 173, 179 (3d Cir.