Landor v. Bledsoe et al

Filing 72

ORDER ADOPTING REPORT AND RECOMMENDATIONS ORDER REFERRING CASE to Magistrate Judge Martin C. Carlson - AND NOW, this 17th day of May, 2012, upon con. of the R&R of the mag. judge 65 66 are adopted. 2. Plf.'s mtn. for a prel. injunc. 61 is DENIED. 3. Defts.'s mtn. to dismiss, or in the alternative, for SJ 33 , is GRANTED. 4. The claims against defts. Bledsoe & Trate are dism'd. w/prejudice. 5. The claims against deft. Hepner are dism'd. w/out prejudice. 6. Plf. may amen d his complt. as to deft. Hepner w/in 20 days of the dt. of this order. 7. The above-capt. case is remanded to the mag. judge for further proceedings, including a R&R on dispositive mtns., if necessary. (See order) B Trate, B.A. Bledsoe and Hepner terminated.Signed by Honorable William W. Caldwell on 5/17/12. (am, )

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UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA DAMON LANDOR, Plaintiff v. B.A. BLEDSOE, Warden, B. TRATE, Captain, and LT. HEPNER Defendants : : : CIVIL NO. 1:11-CV-0759 : : : : : : ORDER AND NOW, this 17th day of May, 2012, upon consideration of the reports and recommendations of the magistrate judge (Docs. 65, 66), filed April 11, 2012, and April 12, 2012, to which no objections were filed, and upon independent review of the record, it is ordered that: 1. The magistrate judge’s reports (Docs. 65, 66) are adopted. 2. Plaintiff’s motion for a preliminary injunction (Doc. 61) is DENIED. 3. Defendants’ motion to dismiss, or in the alternative, for summary judgment (Doc. 33), is GRANTED. 4. The claims against Defendants Bledsoe and Trate are dismissed with prejudice. 5. The claims against Defendant Hepner are dismissed without prejudice. 6. Plaintiff may amend his complaint as to Defendant Hepner within twenty (20) days of the date of this order. 7. The above-captioned case is remanded to the magistrate judge for further proceedings, including a Report and Recommendation on dispositive motions, if necessary. /s/ William W. Caldwell William W. Caldwell United States District Judge

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