MILLER v. SAUERS et al
| DARRYL MILLER |
| B.R. SIMONS, DEBRA K. SAUERS, QUICK, JONES, JANE DOE, SPEER, COSTANZO, CULVER, J.M. MOLL, AVERALL and JOHN DOE |
| 1:2011cv00189 |
| September 2, 2011 |
| US District Court for the Western District of Pennsylvania |
| Erie Office |
| Forest |
| Susan Paradise Baxter |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
57
MEMORANDUM ORDER: IT IS HEREBY ORDERED that the motion to dismiss filed by Defendants Sauers, Quick, Jones, Jane Doe and John Doe, Costanzo, Culver, and Averal [ECF No. 17] is GRANTED in part and DENIED in part. Specifically, the motion is GRANTED w ith respect to the claims sounding in state tort law, hate crime, false reports, and failure to report. The motion is DENIED in all other respects. The excessive force claim against Defendants Speer, Costanzo, and Culver, and the Fourteenth Amendme nt due process claim remain pending. IT IS FURTHER ORDERED that the motion to dismiss filed by Defendant Simons [ECF No. 29] is DENIED. IT IS FURTHER ORDERED that motion to dismiss filed by Defendant Moll [ECF No. 52] is GRANTED due to Plaintiffs a cknowledgement that he failed to exhaust his administrative remedies against this Defendant. The Clerk of Courts is directed to terminate Defendant Moll as a party to this action. IT IS FURTHER ORDERED that Plaintiff may file a Second Amended Compl aint within twenty (20) days from the date of this Memorandum Order. The Report and Recommendation [ECF No. 56] of Magistrate Judge Baxter, filed on July 24, 2012, is adopted as the opinion of the Court. Signed by Judge Sean J. McLaughlin on 8/13/2012. (rlh)
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