Ball v. Lamas et al
Filing
72
ORDER - IT IS ORDERED that 1)Pltfs mtn 50 for leave to amd is GRANTED. 2)Pltf's mtn for 53 Leave to Proceed in forma pauperis is GRANTED. 3)The R&R 60 is ADOPTED. SEE ORDER. Signed by Chief Judge Yvette Kane on March 15, 2012. (sc)
UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DAWN MARIE BALL,
Plaintiff
v.
SUPT. LAMAS, et al.,
Defendants
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Civil No. 1:09-cv-846
(Chief Judge Kane)
(Magistrate Judge Carlson)
ORDER
THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:
Currently pending before the Court is a Report and Recommendation issued by
Magistrate Judge Martin Carlson in which he recommends that the Court dismiss Plaintiff Dawn
Marie Ball’s amended complaint. (Doc. No. 60.) Plaintiff has filed objections to the Report and
Recommendation in which she argues that Judge Carlson is biased and that she attempted to file
amended complaints but that the Court lost those complaints. (Doc. No. 70.) Regarding
allegations of Judge Carlson’s bias, the Court notes that Plaintiff has raised these complaints in
the twenty-two cases she currently has pending before Judge Carlson and this Court. The Court
has reviewed her allegations closely in each case and found those allegations to be totally
without merit. Second, the Court notes that Judge Carlson’s Report and Recommendation is
solely focused on the Amended Complaint that Plaintiff filed on December 2, 2011. As such,
whether the Court lost any Amended Complaints filed between January 21, 2010, and December
2, 2011, is irrelevant, as Judge Carlson considered the most recent Amended Complaint alleged
to have been filed. Having disposed of the objections raised by Plaintiff, the Court has
conducted a de novo review of Judge Carlson’s well-reasoned Report and Recommendation and
has found no error therein.
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ACCORDINGLY, on this 15th day of March 2012, IT IS HEREBY ORDERED
THAT:
1.
Plaintiff’s motion for leave to amend (Doc. No. 50) is GRANTED;
2.
Plaintiff’s motion for leave to proceed in forma pauperis (Doc. No. 53) is
GRANTED;
3.
The Report and Recommendation (Doc. No. 60) is ADOPTED;
4.
The Eighth Amendment claims of assault by prison staff, both physical and
sexual, are DISMISSED WITHOUT PREJUDICE to Plaintiff endeavoring to
cure the defects outlined in Judge Carlson’s Report and Recommendation on or
before April 2, 2012; if Plaintiff fails to file an amended complaint on or before
that date the Clerk of Court will be directed to close the case;
5.
All other claims in Plaintiff’s Amended Complaint are DISMISSED WITH
PREJUDICE;
6.
If Plaintiff files an amended complaint the matter will be referred back to Judge
Carlson for pre-trial management.
S/ Yvette Kane
Yvette Kane, Chief Judge
United States District Court
Middle District of Pennsylvania
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