Martinez v. United States of America et al
| Ewin Oscar Martinez |
| United States of America, S. Fausey, Yearick, Nicklin, Zielinsky, Chamberlin, D. Trump, Alexander, Powanda, Sawyer and McKimpson |
| 1:2010cv02156 |
| October 19, 2010 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Adams |
| William W. Caldwell |
| Malachy E. Mannion |
| Civil Rights |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
68
ORDER ADOPTING REPORT AND RECOMMENDATIONS - AND NOW, this 11th day of Sept., 2012, upon con. of the report 67 of the mag. judge, filed 8/7/12, the lack of objs. to the report, & upon independent review of the record, it is ORDERED that: 1. The mag. judge's report 67 is adopted. 2. Defts.' mtn. 43 to dismiss & for SJ is granted as follows: 3. The claims against deft., Warden Ebbert, & deft., Associate Warden Nicklin, are hereby dism'd. 4. Plf.'s claims of conspiracy, int entional infliction of emotional distress, false charges & due process violations, right to particular employment, racist & rude remarks & his claims under the Fed. Tort Claims Act is hereby dism'd. 5. The Clerk of Crt. shall enter jgm. against plf. & in favor of defts. S. Fausey; "teacher" Yearick; Associate Warden Nicklin; Zielinski; Case Manager Chamberlin; Officer Alexander; Officer Sawyer; "teacher" McKimpston; Unit Manager McIntyre; physician assistant M. Powanda; & Warden Ebbert. 6. The claims against the FCI Beckley defts., Officer Trump; Warden Berkebile; Lt. Broadway; Sr. Officer Banton; & Bowman are dism'd. for lack of personal jurisdiction. 7. The claim(s) against deft. Nash are dism'd. for lack of venue. 8. The Clerk of Crt. shall close this file. (See order for complete details.) 21 Signed by Honorable William W. Caldwell on 9/12/12. (am, )
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