Filed: Sep. 02, 2015
Latest Update: Sep. 02, 2015
Summary: ORDER YVETTE KANE , District Judge . Before the Court in the captioned action is a August 5, 2015 Report and Recommendation of the Magistrate Judge. No timely objections have been filed. Accordingly, on this 2nd day of September 2015, upon review of the record and the applicable law, IT IS HEREBY ORDERED THAT the Court adopts the Report and Recommendation of Magistrate Judge Carlson. Defendants' Motion to Dismiss the Complaint (Doc. No. 40) is GRANTED, in part: 1) Any claims pre-dati
Summary: ORDER YVETTE KANE , District Judge . Before the Court in the captioned action is a August 5, 2015 Report and Recommendation of the Magistrate Judge. No timely objections have been filed. Accordingly, on this 2nd day of September 2015, upon review of the record and the applicable law, IT IS HEREBY ORDERED THAT the Court adopts the Report and Recommendation of Magistrate Judge Carlson. Defendants' Motion to Dismiss the Complaint (Doc. No. 40) is GRANTED, in part: 1) Any claims pre-datin..
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ORDER
YVETTE KANE, District Judge.
Before the Court in the captioned action is a August 5, 2015 Report and Recommendation of the Magistrate Judge. No timely objections have been filed.
Accordingly, on this 2nd day of September 2015, upon review of the record and the applicable law, IT IS HEREBY ORDERED THAT the Court adopts the Report and Recommendation of Magistrate Judge Carlson. Defendants' Motion to Dismiss the Complaint (Doc. No. 40) is GRANTED, in part:
1) Any claims pre-dating August 2011 are DISMISSED as time-barred.
2) Booze's due process claims relating to his placement in AC custody, designation on the RRL, and continued restricted housing custody are DISMISSED.
3) Booze's supervisory liability claims against defendants Wetzel, Klopotoski, Varano, Ellett, Miller, Luscavage, and Miller are DISMISSED.
4) Booze's retaliation, civil conspiracy, and access to courts claims, as pleaded, are DISMISSED.
5) Booze's pendant state law intentional tort claims are DISMISSED.
In all other respects the Motion to Dismiss is DENIED. The case is referred to Magistrate Judge Carlson for further pre-trial management
