Martinez v. United States of America et al

Filing 68

ORDER ADOPTING REPORT AND RECOMMENDATIONS - AND NOW, this 11th day of Sept., 2012, upon con. of the report 67 of the mag. judge, filed 8/7/12, the lack of objs. to the report, & upon independent review of the record, it is ORDERED that: 1. The mag. judge's report 67 is adopted. 2. Defts.' mtn. 43 to dismiss & for SJ is granted as follows: 3. The claims against deft., Warden Ebbert, & deft., Associate Warden Nicklin, are hereby dism'd. 4. Plf.'s claims of conspiracy, int entional infliction of emotional distress, false charges & due process violations, right to particular employment, racist & rude remarks & his claims under the Fed. Tort Claims Act is hereby dism'd. 5. The Clerk of Crt. shall enter jgm. against plf. & in favor of defts. S. Fausey; "teacher" Yearick; Associate Warden Nicklin; Zielinski; Case Manager Chamberlin; Officer Alexander; Officer Sawyer; "teacher" McKimpston; Unit Manager McIntyre; physician assistant M. Powanda; & Warden Ebbert. 6. The claims against the FCI Beckley defts., Officer Trump; Warden Berkebile; Lt. Broadway; Sr. Officer Banton; & Bowman are dism'd. for lack of personal jurisdiction. 7. The claim(s) against deft. Nash are dism'd. for lack of venue. 8. The Clerk of Crt. shall close this file. (See order for complete details.) 21 Signed by Honorable William W. Caldwell on 9/12/12. (am, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
EWIN OSCAR MARTINEZ,
Plaintiff
v.
UNITED STATES OF AMERICA, et al.,
Defendants

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: CIVIL NO. 1:10-CV-2156
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ORDER

AND NOW, this 11th day of September, 2012, upon consideration of the
report (Doc. 67) of the magistrate judge, filed August 7, 2012, the lack of objections to
the report, and upon independent review of the record, it is ORDERED that:
1. The magistrate judge’s report (Doc. 67) is adopted.
2. Defendants’ motion (Doc. 43) to dismiss and for
summary judgment is granted as follows.
3. The claims against defendant, Warden Ebbert, and
defendant, Associate Warden Nicklin, are hereby dismissed.
4. Plaintiff’s claims of conspiracy, intentional infliction of
emotional distress, false charges and due process violations,
right to particular employment, racist and rude remarks and
his claims under the Federal Tort Claims Act are hereby
dismissed.
5. The Clerk of Court shall enter judgment against Plaintiff
and in favor of defendants, S. Fausey; “teacher” Yearick;
Associate Warden Nicklin; Zielinski; Case Manager
Chamberlin; Officer Alexander; Officer Sawyer; “teacher”
McKimptson; Unit Manager McIntyre; physician assistant M.
Powanda; and Warden Ebbert.

6. The claims against the FCI Beckley defendants, Officer
Trump; Warden Berkebile; Lieutenant Boadway; Senior
Officer Banton; and Bowman are dismissed for lack of
personal jurisdiction.
7. The claim(s) against defendant Nash are dismissed for
lack of venue.
8. The Clerk of Court shall close this file.

/s/ William W. Caldwell
William W. Caldwell
United States District Judge

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