McClain v. Kale et al

Filing 27

ORDER ADOPTING REPORT AND RECOMMENDATIONS/ORDER REFERRING CASE - AND NOW, this 15th day of March, 2011, upon con. of the report 26 of the mag. judge, filed 2/15/11, to which no objs. were filed & upon independent review of the record, it is ordered that: The mag. judge's report is adopted. 2. The mtn. to dismiss 14 of defts. Bleich, Musial, Bath, Wilkes, Corbett, Rathburn, Klopotoski & Lucas is granted as follows. 3. The claims for monetary damages against defts., Bleich, Musial, Bath, Wilkes, Corbett, Rathburn, Klopotoski & Lucas in their offical capacities are dism'd w/out leave to amd. because such claims are barred by the 11th Amendment. 4. The claims based on verbal abuse against defts. Bleich, Musial, Bath, Wilkes, Corbe tt, Rathburn, Klopotoski & Lucas are dism'd w/out leave to amend. 5. The claims based on conspiracy against defts. Bleich, Musial, Bath, Wilkes, Corbett & Rathburn are dism'd w/out leave to amend. 6. The plf. is granted leave to file an ame nd. complt on his conspracy claims. Any amend. complt. shall be complete in all respects. It shall contain all of the plf.'s claims against all the defts. It shall be a new pleading which stands by itself as an adequate complt. w/out reference t o the complt. already filed. It shall not incorporate by reference any of the previous complt. Any amend. complt. shall be titled as an amend. complt. & shall contain the docket number of this case. 7. Plf. shall comply w/para. 6 of this order w/in 2 1 days of the dt. of this order. If he fails to do so, this action shall proceed solely on the claims that survive in the orig. complt. 8. This matter is remanded to the mag. judge for further proceedings. (See order) Signed by Honorable William W. Caldwell on 3/15/11. (am)

-JAS McClain v. Kale et al

Doc. 27

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA RALPH W. MCCLAIN, JR., Plaintiff vs. DR. KALE, et al., Defendants : : : : : CIVIL NO. 1:CV-10-0035

ORDER AND NOW, this 15th day of March, 2011, upon consideration of the report (doc. 26) of the magistrate judge, filed February 15, 2011, to which no objections were filed, and upon independent review of the record, it is ordered that: 1. The magistrate judge's report is adopted. 2. The motion to dismiss (doc. 14) of defendants Bleich, Musial, Bath, Wilkes, Corbett, Rathburn, Klopotoski and Lucas is granted as follows. 3. The claims for monetary damages against defendants Bleich, Musial, Bath, Wilkes, Corbett, Rathburn, Klopotoski and Lucas in their official capacities are dismissed without leave to amend because such claims are barred by the Eleventh Amendment. 4. The claims based on verbal abuse against defendants Bleich, Musial, Bath, Wilkes, Corbett, Rathburn, Klopotoski and Lucas are dismissed without leave to amend. 5. The claims based on conspiracy against defendants Bleich, Musial, Bath, Wilkes, Corbett, and Rathburn are dismissed but with leave to amend. 6. The plaintiff is granted leave to file an amended complaint on his conspiracy claims. Any amended complaint shall be complete in all respects. It shall contain all of the plaintiff's claims against all of the defendants. It shall be a new pleading which stands by itself as an adequate complaint without reference to the complaint already filed. It shall not incorporate by reference any of the previous complaint. Any

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amended complaint shall be titled as an amended complaint and shall contain the docket number of this case. 7. Plaintiff shall comply with paragraph 6 of this order within twenty-one days of the date of this order. If he fails to do so, this action shall proceed solely on the claims that survive in the original complaint. 8. This matter is remanded to the magistrate judge for further proceedings. /s/William W. Caldwell William W. Caldwell United States District Judge

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