Maxton v. Thomas et al
| Theron Johnny Maxton |
| B. Tanner, S. Hicks, Taggart, Koppa, SIS Officials, ASIA Officials, Charles Samuel, Eric Holder, J.E. Thomas, Fasciana Francis, Kevin Pigos and Lindsay Graham |
| 1:2013cv01134 |
| April 29, 2013 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Union |
| William W. Caldwell |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1331 Federal Question: Other Civil Rights |
| None |
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Filing
9
ORDER ADOPTING REPORT AND RECOMMENDATIONS/ORDER REFERRING CASE to Magistrate Judge Thomas M. Blewitt. AND NOW, this 12th day of June, 2013, upon consideration of the Report and Recommendation (R&R) of Magistrate Judge Blewitt (Doc. 7), to which no ob jections have been filed, and upon independent review of the record, the court finds no error in the R&R and concludes that the R&R should be adopted. Accordingly, it is ORDERED that: 1. The R&R 7 is ADOPTED. 2. Pursuant to the magistrate judges re commendation, it is ordered as follows: a. Plaintiffs request that the court order the BOP to remove him from USP-Lewisburg is DISMISSED with prejudice. b. Plaintiffs claims for damages against Defendants in their official capacities are DISMISSED wi th prejudice. c. Plaintiffs request for a specific amount of monetary damages 1 & 5 is STRICKEN from the complaint. d. Plaintiffs request that the FBI be directed to conduct an investigation into his allegations is DISMISSED with prejudice. e. Pl aintiffs request that criminal charges be initiated against each Defendant is DISMISSED with prejudice. f. All claims against Defendants U.S. Attorney General Holder, Senator Graham, and BOP Director Samuels are DISMISSED with prejudice. g. All claim s against Defendant Warden Thomas are DISMISSED without prejudice. h. Plaintiffs excessive force claim against Defendants Kappa, AISA and SIS officers, Hicks, Tanner, Pigos, and Francis, regarding the mop handle incident, are DISMISSED without prejud ice. i. Plaintiffs Eighth Amendment denial of medical care claim against Defendants Kappa, AISA and SIS officers, Hicks,Tanner, Pigos, and Francis are DISMISSED without prejudice. j. Plaintiffs failure to protect claim against Defendants Hicks, Tanne r, Kappa, and unnamed AISA and SIS officers, regarding the alleged continuous assaults on him by inmate McDannels, is permitted to proceed. k. This case is remanded to Magistrate Judge Blewitt for further proceedings, including an R&R on dispositive motions if necessary. 7 Signed by Honorable William W. Caldwell on 6/12/13. (am)
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