WATSON v. WETZEL et al
JOSEPH WATSON |
JACK LOUGHRY, SUSAN DORR, GERALD L. ROZUM, JOSEPH, DAVID HUNTER, DAVID ONSTEAD, DORINA VARNER, DELORES CHANEY and JOHN E. WETZEL |
3:2011cv00281 |
December 12, 2011 |
US District Court for the Western District of Pennsylvania |
Johnstown Office |
Somerset |
Kim R. Gibson |
Lisa Pupo Lenihan |
Prison Condition |
42 U.S.C. ยง 1983 |
None |
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Filing 34 MEMORANDUM ORDER - IT IS HEREBY ORDERED that Defendants' Motion to Dismiss (ECF No. 24 ) is granted in part and denied in part. Plaintiff's Complaint is dismissed with prejudice in its entirety with the exception of his Eighth Amendment an d retaliation claims regarding the denial of personal hygiene products against Defendants Onstead and Hunter. IT IS FURTHER ORDERED that Plaintiff is not permitted to amend his Complaint as it is clear that granting him leave to do so would be futil e. IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 31 ) dated January 9, 2013, is ADOPTED as the opinion of the Court. AND IT IS FURTHER ORDERED that this matter is remanded back to Magistrate Judge Lenihan for all further pretrial proceedings, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 2/8/2013. (dlg) |
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