Kates v. Packer, 3:13-CV-1525. (2016)
Court: District Court, M.D. Pennsylvania
Number: infdco20160331971
Visitors: 16
Filed: Mar. 29, 2016
Latest Update: Mar. 29, 2016
Summary: ORDER A. RICHARD CAPUTO , District Judge . NOW , this 29 th day of March 2016, in accordance with the accompanying memorandum, IT IS HEREBY ORDERED that: (1) Magistrate Judge Saporito's Report and Recommendation (Doc. 179) is ADOPTED in part and REJECTED in part; (2) Plaintiff's claims for violations of various federal criminal statutes, violation of various Bureau of Prisons Program Statements and federal regulations and claims requesting declaratory or injunctive relief are
Summary: ORDER A. RICHARD CAPUTO , District Judge . NOW , this 29 th day of March 2016, in accordance with the accompanying memorandum, IT IS HEREBY ORDERED that: (1) Magistrate Judge Saporito's Report and Recommendation (Doc. 179) is ADOPTED in part and REJECTED in part; (2) Plaintiff's claims for violations of various federal criminal statutes, violation of various Bureau of Prisons Program Statements and federal regulations and claims requesting declaratory or injunctive relief are ..
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ORDER
A. RICHARD CAPUTO, District Judge.
NOW, this 29th day of March 2016, in accordance with the accompanying memorandum, IT IS HEREBY ORDERED that:
(1) Magistrate Judge Saporito's Report and Recommendation (Doc. 179) is ADOPTED in part and REJECTED in part;
(2) Plaintiff's claims for violations of various federal criminal statutes, violation of various Bureau of Prisons Program Statements and federal regulations and claims requesting declaratory or injunctive relief are DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(A)(b);
(3) Defendants' Motion to Dismiss (Doc. 150) is GRANTED in part and DENIED in part:
(a) Defendants' Motion to Dismiss Plaintiff's Eighth Amendment denial of medical care, conspiracy and Fifth Amendment Due Process claims is GRANTED and the claims are DISMISSED with prejudice for failure to state a claim upon which relief can be granted;
(b) Defendants' Motion to Dismiss Plaintiff's Fifth Amendment Due Process claim is GRANTED and the claim is DISMISSED without prejudice for failure to state a claim upon which relief can be granted;
(c) Defendants' Motion to Dismiss Plaintiff's Eighth Amendment use of excessive force claim with regard to Defendants: C.O. Packer, Gwynn Wise, Jeffrey Stroud, and Jason Wagner is DENIED. This claim will be remanded to Magistrate Judge Saporito for further proceedings;
(d) Defendants' Motion to Dismiss Plaintiff's Eighth Amendment failure to intervene claims with regard to Defendants: C.O. Packer, Lt. Steve Booth, Lt. Chad Brandt, Gwynn Wise, Jeffrey Stroud, Jason Wagner, and D. Eroh, Jr., is DENIED. This claim will be remanded to Magistrate Judge Saporito for further proceedings;
(4) The Clerk of Courts is directed to terminate the following Defendants from this action: Lt. Justin Foura; D.H.O. Angelo Jordan; C.O. Brandon Mattern; Brandon Shirk; Charles Anderson; Dennis Campbell; Jerald Loyek; Scott Buebendorf; Suzanne Figlo; A. Hicks; Kevin Pigos; Warden J.E. Thomas; and Michael Thwaits.
(5) The parties are permitted to file further dispositive motions.
(6) The matter is remanded to Magistrate Judge Saporito for further proceedings.
Source: Leagle
