Filed: Sep. 01, 2017
Latest Update: Sep. 01, 2017
Summary: ORDER GARY L. SHARPE , Senior District Judge . The above-captioned matter comes to this court following a Report and Recommendation by Magistrate Judge David E. Peebles, duly filed on July 14, 2017. (Dkt. No. 70.) Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein. No objections 1 having been filed, and the court having reviewed the Report-Recommendation and Order for clear error, it is hereby ORDER
Summary: ORDER GARY L. SHARPE , Senior District Judge . The above-captioned matter comes to this court following a Report and Recommendation by Magistrate Judge David E. Peebles, duly filed on July 14, 2017. (Dkt. No. 70.) Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein. No objections 1 having been filed, and the court having reviewed the Report-Recommendation and Order for clear error, it is hereby ORDERE..
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ORDER
GARY L. SHARPE, Senior District Judge.
The above-captioned matter comes to this court following a Report and Recommendation by Magistrate Judge David E. Peebles, duly filed on July 14, 2017. (Dkt. No. 70.) Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.
No objections1 having been filed, and the court having reviewed the Report-Recommendation and Order for clear error, it is hereby
ORDERED that the Report and Recommendation (Dkt. No. 70) is ADOPTED in its entirety; and it is further
ORDERED that defendants' motion to dismiss (Dkt. No. 61) is GRANTED with respect to the following causes of action and that they are DISMISSED without prejudice to plaintiff's filing of his second amended complaint, which has already been filed (Dkt. No. 72) that cures the deficiencies identified in the Report and Recommendation: (1) plaintiff's First Amendment free speech claims asserted against defendants McKeighan, Frazier, Whitford, Maxwell, and Borowski; (2) plaintiff's First Amendment access to courts claim asserted against defendants Bell, Narkiewicz, and West; (3) plaintiff's Fourteenth Amendment due process claims asserted against defendants Frazier, Ollies, Mahuta, Hanson, Maxwell, Whitford, and Borowski; and (4) plaintiff's supervisor liability claims asserted against defendants Annucci and Venetozzi; and it is further
ORDERED that defendants Frazier, Whitford, Maxwell, Borowski, Bell, Narkiewicz, West, Annucci, and Venetozzi are DISMISSED from the action; and it is further
ORDERED that, if plaintiff's second amended complaint does not cure the deficiencies identified in the Report and Recommendation the following causes of action survive defendants' motion and proceed to discovery: (1) plaintiff's First Amendment free speech claims asserted against defendants Ollies and Mahuta; (2) plaintiff's First Amendment free exercise claim asserted against defendant Mahuta; (3) plaintiff's Fourteenth Amendment due process claims asserted against defendants Coveny and McKeighan; and it is further
ORDERED that the Clerk provide a copy of this Order to the parties in accordance with the Local Rules of Practice.
IT IS SO ORDERED.
