Farmer v. Potteiger et al
| Joseph W Farmer |
| Pennsylvania Board of Probation and Parole (PBPP), Benjamin A. Martinez, Gary R. Lucht, Catherine C. McVey, William Ward, Nicholas P. Muller, Allen Castor, Barbara K. Descher, Richard A. Kipp, Sean R. Ryan, Michael Potteiger and Michael M. Webster |
| 3:2012cv00808 |
| May 1, 2012 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Luzerne |
| Martin C. Carlson |
| Richard P. Conaboy |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
60
MEMORANDUM (Order to follow as separate docket entry) for the reasons discussed above, we adopt Magistrate Judge Carlson's Report & Recommendation (Doc.56) as modified. Defendants' Motion to Dismiss Amended Complaint (Doc.42) is granted. Al l claims in Plaintiff's Amended Complaint (Doc. 42) is granted. All claims in Plaintiff's Amended Complaint (Doc.38) are dismissed with prejudice. Based on the analysis contained in the body of this Memorandum and the fact that Plaintiff has been previously granted leave to amend, we conclude allowing further amendment would be inequitable and futile. An appropriate Order is filed simultaneously with this Memorandum.Signed by Honorable Richard P. Conaboy on 9/27/13. (cc)
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Filing
37
ORDER AND NOW, THIS 5th DAY OF NOVEMBER 2012, FOR THE REASONS SET OUT IN THE SIMULTANEOUSLY FILED MEMORANDUM, IT IS HEREBY ORDERED THAT:1.The Report and Recommendation of Magistrate Judge Martin C. Carlson concerning Plaintiff Joseph W. Farmers 42 U.S.C. § 1983 action (Doc. 33) is adopted in part;2.The Report and Recommendation is adopted insofar as it recommends dismissal with prejudice of all claims related to Plaintiffs previous parole denials;3.Defendants Motions to Dismiss (Docs. 13, 31) are granted in part and denied in part;4.The motions are granted insofar as they seek dismissal of the Complaint--they are denied insofar as they seek dismissal with prejudice; 5.All claims in Plaintiffs Complaint which relate to previous parole denials and prison grievances are dismissed with prejudice;6.Claims related to allegedly improper program assignments and alleged revocation of parole eligibility are dismissed without prejudice;7.Plaintiff is granted leave to file an amended compla int consistent with the simultaneously filed Memorandum, that is, any amended complaint must be limited to claims related to allegedly improper program assignments and alleged revocation of parole eligibility, naming only defendants who are directly involved in the alleged wrongs;8.An amended complaint must be filed within fourteen (14) days of the date of this Order;9.Upon the filing of an amended complaint, this matter is remanded to Magistrate Judge Carlson for further consideration; 10.Any appeal of this Order will be deemed frivolous. Signed by Honorable Richard P. Conaboy on 11/5/12 (cc)
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