Carrasquillo v. Delbaso, 3:19-CV-0853. (2020)
Court: District Court, M.D. Pennsylvania
Number: infdco20200115c52
Visitors: 9
Filed: Jan. 10, 2020
Latest Update: Jan. 10, 2020
Summary: ORDER ROBERT D. MARIANI , District Judge . AND NOW, THIS 10 th DAY OF JANUARY 2020, upon consideration of Magistrate Judge Saporito's Report and Recommendation ("R&R") (Doc. 20) for clear error or manifest injustice, IT IS HEREBY ORDERED THAT: 1. The R&R (Doc. 20) is ADOPTED for the reasons set forth therein; 2. The Moving Defendants' Motion to Dismiss (Doc. 7) is GRANTED IN PART and DENIED IN PART ; 3. Plaintiff's claims for damages and retrospective declaratory relief a
Summary: ORDER ROBERT D. MARIANI , District Judge . AND NOW, THIS 10 th DAY OF JANUARY 2020, upon consideration of Magistrate Judge Saporito's Report and Recommendation ("R&R") (Doc. 20) for clear error or manifest injustice, IT IS HEREBY ORDERED THAT: 1. The R&R (Doc. 20) is ADOPTED for the reasons set forth therein; 2. The Moving Defendants' Motion to Dismiss (Doc. 7) is GRANTED IN PART and DENIED IN PART ; 3. Plaintiff's claims for damages and retrospective declaratory relief ag..
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ORDER
ROBERT D. MARIANI, District Judge.
AND NOW, THIS 10th DAY OF JANUARY 2020, upon consideration of Magistrate Judge Saporito's Report and Recommendation ("R&R") (Doc. 20) for clear error or manifest injustice, IT IS HEREBY ORDERED THAT:
1. The R&R (Doc. 20) is ADOPTED for the reasons set forth therein;
2. The Moving Defendants' Motion to Dismiss (Doc. 7) is GRANTED IN PART and DENIED IN PART;
3. Plaintiff's claims for damages and retrospective declaratory relief against all Defendants in their official capacity are DISMISSED with prejudice for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure;1
4. Plaintiff's claims for retrospective declaratory relief against all Defendants in their personal capacity are DISMISSED with prejudice for failure to state a claim upon which relief can be granted, pursuant to 28 U.S.C. § 1915A(b)(1) and 42 U.S.C. § 1997e(c)(1);
5. Plaintiff's claims for damages against Defendants Theresa DelBalso and Michael Damore in their personal capacity are DISMISSED with prejudice for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure;
6. Plaintiff's claims for damages and prospective injunctive relief against Defendant Christine Griffin in her personal capacity are DISMISSED with prejudice for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure;
7. Plaintiff's claims for damages and prospective injunctive relief against Defendants Scott Miller, Michelle Heenan, Steven Nicola, and Kevin Kellner, and his claims for prospective injunctive relief against Defendants Theresa DelBalso and Michael Damore go forward;
8. This matter is remanded to the Magistrate Saporito for further proceedings.
FootNotes
1. For the reasons set forth in the R&R, amendment with respect to claims subject to dismissal would be futile and, therefore, dismissed claims are properly dismissed with prejudice and without leave to amend. (Doc. 20 at 21 (citing Grayson v. Mayview State Hosp., 293 F.3d 103, 108 (3d Cir. 2002)).)
Source: Leagle
