Santiago v. Saul et al

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATION of Magistrate Judge Blewitt 8 , DISMISSING pltf's claims for monetary damages vs defts in their official capacities w/ prejudice, DISMISSING pltf's request to be released from Leb Co Corr Facility & challenge to present confinement... re: Crim Case CP-38-CR-557-2011 w/out prejudice to his rt to pursue petition for writ of habeas corpus pursuant to 28 USC 2254 after pltf exhausts his state ct remedies, DISMISSING deft ADA Eisenhart w/ prejudice based on prosecutorial immunity, DISMISSING pltf's claims against deft Lebanon County w/out prejudice & pltf's constitutional claims vs deft Saul w/out prejudice, DISMISSING complaint w/out prejudice, GRANTING pltf leave to file amended co mplaint w/in 20 days of date of this order (see order for specific instructions re: filing of amended complaint), & REMANDING case to Magistrate Judge Blewitt for further proceedings. (See order for complete details.) Signed by Honorable Christopher C. Conner on 12/11/12. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

DIMAS SANTIAGO,
Plaintiff
v.
ADAM SAUL, et al.,
Defendants

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CIVIL ACTION NO. 1:12-CV-2007
(Judge Conner)

ORDER
AND NOW, this 11th day of December, 2012, upon consideration of the Report and
Recommendation of United States Magistrate Judge Thomas M. Blewitt (Doc. 8),
recommending (1) that plaintiff’s claims for monetary damages against defendants in
their official capacity be dismissed with prejudice; (2) that defendant Lebanon County be
dismissed without prejudice; (3) that plaintiffs’ request that he be released from Lebanon
County Correctional Facility and his challenge to his present confinement be dismissed
without prejudice; (4) that defendant ADA Eisenhart be dismissed with prejudice;
(5) that defendant Deiderick be dismissed with prejudice; and (6) that plaintiff’s
constitutional claims against defendant Saul be dismissed, and, following an
independent review of the record and noting that plaintiff filed objections1 to the report

1

Where objections to a magistrate judge’s report and recommendation are
filed, the court must perform a de novo review of the contested portions of the
report. Supinski v. United Parcel Serv., Civ. A. No. 06-0793, 2009 WL 113796, at *3
(M.D. Pa. Jan. 16, 2009) (citing Sample v. Diecks, 885 F.2d 1099, 1106 n. 3 (3d Cir.
1989); 28 U.S.C. § 636(b)(1)(c)). “In this regard, Local Rule of Court 72.3 requires
‘written objections which . . . specifically identify the portions of the proposed
findings, recommendations or report to which objection is made and the basis for
those objections.’” Id. (citing Shields v. Astrue, Civ. A. No. 07-417, 2008 WL
4186951, at *6 (M.D. Pa. Sept. 8, 2008)).

on November 13, 2012 (Doc. 9) and November 19, 2012 (Doc. 10), and the court finding
Judge Blewitt’s analysis to be thorough and well-reasoned, and the court finding
plaintiff’s objections to be without merit and squarely addressed by Judge Blewitt’s
report (Doc. 8), it is hereby ORDERED that:
1.

The Report and Recommendation of Magistrate Judge Blewitt (Doc. 8) are
ADOPTED.

2.

Plaintiff’s claims for monetary damages against defendants in their official
capacities are DISMISSED with prejudice.

3.

Plaintiff’s request to be released from Lebanon County Correctional Facility
and his challenge to his present confinement in Lebanon County
Correctional Facility as a result of his conviction and sentence in Criminal
Case CP-38-CR-557-2011 is DISMISSED without prejudice to his right to
pursue a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254
after plaintiff exhausts his state court remedies.

4.

Defendant ADA Eisenhart is DISMISSED with prejudice based on
prosecutorial immunity.

5.

Defendant Deiderick is DISMISSED with prejudice.

6.

Plaintiff’s claims against Defendant Lebanon County are DISMISSED
without prejudice and Plaintiff’s constitutional claims against Defendant
Saul are DISMISSED without prejudice. Plaintiff’s complaint (Doc. 1) is
DISMISSED without prejudice. Plaintiff is granted leave to file an amended
complaint within twenty (20) days of the date of this order, which must
address the deficiencies noted in Judge Blewitt’s Report and
Recommendation. Failure to file an amended complaint in a timely fashion
shall be deemed an abandonment of these claims and this matter shall be
dismissed with prejudice.

7.

The above-captioned case is REMANDED to Magistrate Judge Blewitt for
further proceedings.

S/ Christopher C. Conner
CHRISTOPHER C. CONNER
United States District Judge