December 13, 2013 |
Filing
27
ORDER: IT IS HEREBY ORDERED that:(1)The Report and Recommendation (Doc. 23) is ADOPTED in part and REJECTED in part.(A)The recommendation to dismiss with prejudice the claims for monetary damages asserted against Defendants in their official capaci ties is ADOPTED. The claims for monetary damages against Defendants in their official capacities are DISMISSED with prejudice.(B)The recommendation to dismiss with prejudice Defendants U.S. Department of Justice, Federal Bureau of Prisons, Warden Th omas, BOP Regional Director Samuels, Disciplinary Hearing Officer Jordan, Snider, Counselor Edinger, Case Manager Nichols, Dr. Cannon, and T. Brink is ADOPTED. Defendants U.S. Department of Justice, Federal Bureau of Prisons, Warden Thomas, BOP Regi onal Director Samuels, Disciplinary Hearing Officer Jordan, Snider, Counselor Edinger, Case Manager Nichols, Dr. Cannon, and T. Brink are DISMISSED from the action with prejudice. (C)The recommendation to dismiss with prejudice the First Amendment de nial of access to the courts claim is ADOPTED. The First Amendment denial of access to the courts claim is DISMISSED with prejudice. (D)The Recommendation to allow Plaintiff to proceed on the Eighth Amendment denial of medical care claim and Eighth Amendment cruel and unusual punishment (deliberate indifference) claim against Lieutenant Sherman, Lieutenant Johnson, Heather Ladisic, and Beverly Prince is ADOPTED.(E)The recommendation to dismiss with prejudice the Eighth Amendment excessive force claim against The Captain, Lieutenant Sherman, and Lieutenant Johnson is REJECTED. The recommendation to dismiss with prejudice the excessive force claim as to all other Defendants is ADOPTED, and the excessive force claim is DISMISSED with prejudi ce as to all Defendants except The Captain, Lieutenant Sherman, and Lieutenant Johnson.(2)Plaintiffs may PROCEED on the following claims:(A)Eighth Amendment excessive force claim against Defendants The Captain, Lieutenant Sherman, and Lieutenant John son.(B)Eighth Amendment denial of medical care claim against Defendants Lieutenant Sherman, Lieutenant Johnson, Heather Ladisic, and Beverly Prince.(C)Eighth Amendment cruel and unusual punishment (deliberate indifference) claim against Defendants Lieutenant Sherman, Lieutenant Johnson, Heather Ladisic, and Beverly Prince.(3)The matter is RECOMMITTED to Magistrate Judge Blewitt for further proceedings.Signed by Honorable A. Richard Caputo on 12/13/13. (jam)
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July 17, 2013 |
Filing
10
ORDER ADOPTING REPORT AND RECOMMENDATIONS: IT IS HEREBY ORDERED that: (1) Upon review of Magistrate Judge Blewitts Report and Recommendation (Doc. 8) for clear error or manifest injustice, the Report and Recommendation (Doc. 8) is ADOPTED. Plaintif f shall file an amended complaint consistent with the Report and Recommendation within thirty (30) days from the date of entry of this Order or the action will be dismissed. (2) Plaintiffs Application to Proceed In Forma Pauperis (Doc. 5) is GRANTED. Plaintiffs Motion for Leave to Proceed In Forma Pauperis (Doc. 2) is DENIED as moot. (3) Plaintiffs Request to Discharge and/or Expunge Administrative Order to pay $350.00 Filing Fee under Civil Action No. 3:13-CV-0789 (Doc 9) is DENIED becaus e Plaintiff filed a complaint and an application to proceed in forma pauperis; 28 U.S.C. § 1915 makes clear that filing fees shall be assessed, and makes no provision for a refund of such fees. Williams v. United States District Court for the Di strict of New Jersey, 455 F. Appx 142, 144 (3d Cir. 2011) (citing 28 U.S.C. § 1915(b); Porter v. Dept of Treasury, 564 F.3d 176, 179 (3d Cir. 2009)).(4) The matter is RECOMMITTED to Magistrate Judge Blewitt for further proceedings. Signed by Honorable A. Richard Caputo on 7/17/13. (jam)
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