Filed: Sep. 26, 2017
Latest Update: Sep. 26, 2017
Summary: MEMORANDUM ORDER KIM R. GIBSON , District Judge . This prisoner civil rights action was received by the Clerk of Court on June 8, 2016, and was referred to United States Magistrate Judge Susan Paradise Baxter for report and recommendation in accordance with the Magistrates Act, 28 U.S.C. 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates. The magistrate judge's report and recommendation, issued on July 10, 2017, recommended that Defendants' motion to dismiss (Dkt. 2
Summary: MEMORANDUM ORDER KIM R. GIBSON , District Judge . This prisoner civil rights action was received by the Clerk of Court on June 8, 2016, and was referred to United States Magistrate Judge Susan Paradise Baxter for report and recommendation in accordance with the Magistrates Act, 28 U.S.C. 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates. The magistrate judge's report and recommendation, issued on July 10, 2017, recommended that Defendants' motion to dismiss (Dkt. 27..
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MEMORANDUM ORDER
KIM R. GIBSON, District Judge.
This prisoner civil rights action was received by the Clerk of Court on June 8, 2016, and was referred to United States Magistrate Judge Susan Paradise Baxter for report and recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates. The magistrate judge's report and recommendation, issued on July 10, 2017, recommended that Defendants' motion to dismiss (Dkt. 27) be granted in part and denied in part, and that the motion to dismiss (Dkt. 19) be dismissed as moot. Service was made on Plaintiff by mail at SCI Frackville, where he was incarcerated, and on Defendants. Objections to the report and recommendation were filed by Plaintiff on August 7, 2017. After de novo review of the complaint and documents in the case, and objections thereto, the following order is entered:
AND NOW, this 26th Day of September, 2017;
IT IS HEREBY ORDERED that Defendants' motion to dismiss [ECF No. 27] is granted in part and denied in part as follows:
(1) It is ORDERED that the motion to dismiss Plaintiffs Conspiracy and First Amendment claims against Defendants Carter, Hacherl, Haggerty, Dickey, McNaughton, Constanzo, Gilara, Oberlander and O'Brien are denied.
(2) It is ORDERED that the motion to dismiss Plaintiffs Eighth Amendment claims against Defendants Haggerty, Gilara, and Carter are denied, but that the motion to dismiss Plaintiffs Eighth Amendment claims against the remaining Defendants (Hacherl, Dickey, McNaughton, Costanzo, Oberlander, and O'Brien) is granted.
(3) It ORDERED that Defendants' motion to dismiss Plaintiffs Conspiracy and First, Eighth and Fourteenth Amendment claims against Defendants Martucci, Hicks, Robinson and Clark is granted.
(4) It is ORDERED that Defendants' motion to dismiss Plaintiffs claims for harassment, and interference with legal mail is denied.
(5) It is ORDERED that Defendants' motion to dismiss Plaintiffs loss or destruction of property is granted.
(6) It is ORDERED that the motion to dismiss filed by Defendants on October 26, 2016 (ECF No. 19) is denied as moot.
The report and recommendation of Magistrate Judge Baxter, issued July 10, 2017, is adopted as the opinion of the court.
