Ball v. Hill et al

Filing 72

ORDER - IT IS ORDERED that the REPORT AND RECOMMENDATION is ADOPTED and the 45 43 Motions to Dismiss are GRANTED IN PART AND DENIED IN PART. 1)All official capacity damages claims are DISMISSED. 2)Superintendance Lamas, Majory Bechdel, Deputy She pler, Captain Robenolt, Captain Craver, Captain Moser and Grievance Coordinator Troy Edwards are DISMISSED. 3)the mtn to dismiss is denied in all other respects w/o prejudice to the submission of a subsequent more thoroughly documented dispositive motion. Signed by Chief Judge Yvette Kane on Dec. 21, 2011. (sc)

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DAWN MARIE BALL,
Plaintiff
v.
C.O. HILL, et al.,
Defendants

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Civil No. 1:09-CV-773
(Chief Judge Kane)
(Magistrate Judge Carlson)

ORDER
NOW, on this 21st day of December 2011, IT IS HEREBY ORDERED THAT upon a
de novo review of Magistrate Judge Carlson’s October 13, 2011 Report and Recommendation
(Doc. No. 62) and Plaintiff Dawn Marie Ball’s objections thereto1 (Doc. Nos. 64, 65), the Report
and Recommendation (Doc. No. 62) is ADOPTED and Defendants’ motions to dismiss (Doc.
Nos. 43, 45) are GRANTED IN PART AND DENIED IN PART AS FOLLOWS:
1.

All official capacity damages claims are DISMISSED;

2.

Superintendant Lamas, Major Bechdel, Deputy Shepler, Captain Robenolt,
Captain Craver, Captain Moser, and Grievance Coordinator Troy Edwards are
DISMISSED;

3.

The motion to dismiss is DENIED in all other respects without prejudice to the
submission of a subsequent more thoroughly documented dispositive motion.

1

The objections relate solely to the Court’s order referring this matter to Magistrate
Carlson without Plaintiff’s consent. As has been noted by both this Court and Magistrate Judge
Carlson, the Federal Magistrates Act grants the Court the authority to refer matters to a
magistrate judge without the consent of the parties including pretrial matters, 28 U.S.C. §
636(b)(1)(A), as well as dispositive motions, 28 U.S.C. § 636(b)(1)(B)-(C). See, e.g., Beazer E.,
Inc. v. Mead Corp., 412 F.3d 429, 438 (3d Cir. 2005) (“The Magistrates Act authorizes district
courts to appoint magistrate judges to consider pretrial matters without regard to the parties’
consent.”); In re U.S. Healthcare, 159 F.3d 142, 145 (3d Cir. 1998) (noting district courts may
refer dispositive motions to a magistrate judge for a report and recommendation without a
party’s consent).
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S/ Yvette Kane
Yvette Kane, Chief Judge
United States District Court
Middle District of Pennsylvania

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