Maxton v. Thomas et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS/ORDER REFERRING CASE to Magistrate Judge Thomas M. Blewitt. AND NOW, this 12th day of June, 2013, upon consideration of the Report and Recommendation (R&R) of Magistrate Judge Blewitt (Doc. 7), 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 7 is ADOPTED. 2. Pursuant to the magistrate judges re commendation, it is ordered as follows: a. Plaintiffs request that the court order the BOP to remove him from USP-Lewisburg is DISMISSED with prejudice. b. Plaintiffs claims for damages against Defendants in their official capacities are DISMISSED wi th prejudice. c. Plaintiffs request for a specific amount of monetary damages 1 & 5 is STRICKEN from the complaint. d. Plaintiffs request that the FBI be directed to conduct an investigation into his allegations is DISMISSED with prejudice. e. Pl aintiffs request that criminal charges be initiated against each Defendant is DISMISSED with prejudice. f. All claims against Defendants U.S. Attorney General Holder, Senator Graham, and BOP Director Samuels are DISMISSED with prejudice. g. All claim s against Defendant Warden Thomas are DISMISSED without prejudice. h. Plaintiffs excessive force claim against Defendants Kappa, AISA and SIS officers, Hicks, Tanner, Pigos, and Francis, regarding the mop handle incident, are DISMISSED without prejud ice. i. Plaintiffs Eighth Amendment denial of medical care claim against Defendants Kappa, AISA and SIS officers, Hicks,Tanner, Pigos, and Francis are DISMISSED without prejudice. j. Plaintiffs failure to protect claim against Defendants Hicks, Tanne r, Kappa, and unnamed AISA and SIS officers, regarding the alleged continuous assaults on him by inmate McDannels, is permitted to proceed. k. This case is remanded to Magistrate Judge Blewitt for further proceedings, including an R&R on dispositive motions if necessary. 7 Signed by Honorable William W. Caldwell on 6/12/13. (am)

UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA
THERON JOHNNY MAXTON,
Plaintiff
v.
WARDEN J.E. THOMAS, et al.,
Defendants

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: CIVIL NO. 1:13-CV-1134
:
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ORDER

AND NOW, this 12th day of June, 2013, upon consideration of the Report
and Recommendation (“R&R”) of Magistrate Judge Blewitt (Doc. 7), to which no
objections have been filed,1 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. 7) is ADOPTED.

2.

Pursuant to the magistrate judge’s recommendation,
it is ordered as follows:
a.

1

Plaintiff’s request that the court order the BOP to remove
him from USP-Lewisburg is DISMISSED with prejudice.

Plaintiff filed a document (Doc. 8) entitled “Plaintiff Objection to the Magistrate
Judge Report and Recommendation In Part.” However, this document consists
merely of one sentence in which Plaintiff admits that some of his administrative
remedies have not been exhausted and requests that his claims against certain
Defendants be permitted to proceed. These so-called objections fail to “specifically
identify the portions of the proposed findings, recommendations or report to which
objection is made[,]” nor do they state the basis for Plaintiff’s objections, as required
by Local Rule 72.3.

b.

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

c.

Plaintiff’s request for a specific amount of monetary
damages (Doc. 1 at 5) is STRICKEN from the complaint.

d.

Plaintiff’s request that the FBI be directed to conduct an
investigation into his allegations is DISMISSED with
prejudice.

e.

Plaintiff’s request that criminal charges be initiated against
each Defendant is DISMISSED with prejudice.

f.

All claims against Defendants U.S. Attorney General Holder,
Senator Graham, and BOP Director Samuels are
DISMISSED with prejudice.

g.

All claims against Defendant Warden Thomas are
DISMISSED without prejudice.

h.

Plaintiff’s excessive force claim against Defendants Kappa,
AISA and SIS officers, Hicks, Tanner, Pigos, and Francis,
regarding the mop handle incident, are DISMISSED without
prejudice.

i.

Plaintiff’s Eighth Amendment denial of medical care claim
against Defendants Kappa, AISA and SIS officers, Hicks,
Tanner, Pigos, and Francis are DISMISSED without
prejudice.

j.

Plaintiff’s failure to protect claim against Defendants Hicks,
Tanner, Kappa, and unnamed AISA and SIS officers,
regarding the alleged continuous assaults on him by inmate
McDannels, is permitted to proceed.

k.

This case is remanded to Magistrate Judge Blewitt for
further proceedings, including an R&R on dispositive
motions if necessary.

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