Tenon v. Dreibelbis et al

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATIONS/ORDER REFERRING CASE to Magistrate Judge Thomas M. Blewitt. AND NOW, this 17th day of December, 2012, upon consideration of the report and recommendation (R&R) of Magistrate Judge Blewitt 20 , to which no ob jections have been filed, and upon independent review of the record, the court finds no error in the R&R and concludes that the R&R should be adopted. Accordingly, it is ORDERED that: 1. The R&R 13 is adopted. 2. Plaintiffs Eighth Amendment claims of denial of medicalcare may proceed against Defendants Dreibelbis and Long. 3. The following claims are dismissed with prejudice: a. Plaintiffs Eighth Amendment claims of denial of medical care against Defendants Mahuut, Tyson, and Agawal. b. Plaint iffs state law negligence claims against all Defendants. c. Plaintiffs request for declaratory relief, seeking a declaration that Defendants past conduct violated his constitutional rights. d. Plaintiffs request for compensatory and punitive damages, to the extent that Plaintiff seeks such damages against Defendants in their official capacities. 4. This case is remanded to the Magistrate Judge for further proceedings, including service of Plaintiffs amended complaint on Defendants Dreibelbis and Long, and furtherincluding an R&R on any dispositive motions that may be filed thereafter. 1 Signed by Honorable William W. Caldwell on 12/17/12. (am)

UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA
ANTHONY L. TENON,
Plaintiff
v.
WILLIAM DREIBELBIS, et al.,
Defendants

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CIVIL NO. 1:12-CV-1278

ORDER

AND NOW, this 17th day of December, 2012, upon consideration of the
report and recommendation (“R&R”) of Magistrate Judge Blewitt (Doc. 20), to which no
objections have been filed, and upon independent review of the record, the court finds no
error in the R&R and concludes that the R&R should be adopted. Accordingly, it is
ORDERED that:
1. The R&R (Doc. 13) is adopted.
2. Plaintiff’s Eighth Amendment claims of denial of medical
care may proceed against Defendants Dreibelbis and Long.
3. The following claims are dismissed with prejudice:
a.

Plaintiff’s Eighth Amendment claims of denial of medical care
against Defendants Mahuut, Tyson, and Agawal.

b.

Plaintiff’s state law negligence claims against all Defendants.

c.

Plaintiff’s request for declaratory relief, seeking a declaration
that Defendants’ past conduct violated his constitutional rights.

d.

Plaintiff’s request for compensatory and punitive damages, to
the extent that Plaintiff seeks such damages against
Defendants in their official capacities.

4. This case is remanded to the Magistrate Judge for further
proceedings, including service of Plaintiff’s amended
complaint on Defendants Dreibelbis and Long, and further
including an R&R on any dispositive motions that may be filed
thereafter.

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