Vasquez v. U.N.I.C.O.R. Prison Industries et al
| Robertino Vasquez |
| United States Of America, U.N.I.C.O.R. Prison Industries, Floyd J. Dobson, T. Lieby and Recla |
| 1:2012cv00366 |
| February 27, 2012 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Union |
| SF |
| John E. Jones |
| Civil Rights |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
51
ORDER 1. The Report and Recommendation of Chief Magistrate Judge Carlson(doc. 10) is ADOPTED to the extent that it recommends that the Plaintiffs claims be dismissed but REJECTED to the limited extent that the R&R recommends non-prejudicial dismissa l with respect to the Plaintiffs FTCA claims. 2. The Defendants Motion to Dismiss, or in the alternative, Motion for Summary Judgment (doc. 32) is GRANTED. The Plaintiffs claims under the Federal Tort Claims Act are DISMISSED with prejudice. The Plai ntiffs Bivens claims premised upon alleged violations of the Eighth Amendment are DISMISSED without prejudice. 3. The Plaintiff is GRANTED leave to amend his Bivens claims withintwenty (20) days of the date of this Order to the extent that there arefacts which, if true, support those claims. If the Plaintiff does not filean amended pleading in that time, the Clerk will close this case.(eo)
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