Joseph v. Naji, et al
| George Joseph |
| M. Naji, J. Pearson, Casyn Thornley, Paul Noel, Eugene Ginchereau and Dorina Varner |
| 1:2016cv01870 |
| September 12, 2016 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Dauphin |
| Susan E. Schwab |
| Yvette Kane |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
45
ORDER ADOPTING REPORT AND RECOMMENDATIONS - IT IS ORDERED THAT:1. The Court ADOPTS the Report and Recommendation 43 of Magistrate Judge Schwab; 2. The Commonwealth Defendants motion 15 to dismiss is GRANTED IN PART and DENIED IN PART, as follows: a. Defendants motion to dismiss Plaintiffs Eighth Amendment claim against Defendant Varner is GRANTED; b. Defendants motion to dismiss Plaintiffs Eighth Amendment claim against Defendants Pearson, Noel, and Ginchereau is DENIED; c. Defendants motion to dismiss Plaintiffs conspiracy claim against the Commonwealth Defendants is GRANTED; 3. Plaintiffs Eighth Amendment claim against Defendant Varner is DISMISSED WITH PREJUDICE; 4. Plaintiffs conspiracy claim against the Commonwealth Defendants is D ISMISSED WITHOUT PREJUDICE;5. Plaintiff is directed to file an amended complaint within thirty (30) days from the date of this Order that corrects the pleading deficiencies identified in the Report and Recommendation; and 6. The above-captioned action is recommitted to Magistrate Judge Schwab for further pretrial management. Sigbned by Honorable Yvette Kane on 5/31/17. (rw)
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