McLaughlin v. Kerestes et al

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS in PART - 1. The Plaintiffs motion for leave to proceed in forma pauperis (Doc. No. 2) is GRANTED; 2. The recommendation that the complaint be dismissed with respect to DefendantsKerestes, Geroski, Mason and Miller is NOT ADOPTED AS MOOT. IT IS FURTHER ORDERED THAT the case is referred back to Magistrate Judge Carlson forall further proceedings. 9 Signed by Honorable Yvette Kane on 1/23/14. (sc)

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

JAMES MCLAUGHLIN,
Plaintiff
v.
JOHN KERESTES, et al.,
Defendants

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No. 1:13-cv-02851
(Judge Kane)
(Chief Magistrate Judge Carlson)

ORDER
THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:
On November 22, 2013, Plaintiff James McLaughlin filed the above-captioned civil
rights action and a motion to proceed in forma pauperis. (Doc. Nos. 1, 2.) In his complaint,
Plaintiff alleges that Defendants, Lieutenant Hart, Sergeant Meyers, and Nurse Practitioner
Ianuzzi violated his Eighth Amendment rights by denying him orthopedic shoes. (Id.) Plaintiff
further alleged that four additional Defendants, Superintendent John Kerestes, Captain Geroski,
and grievance coordinators Miller and Mason violated his civil rights in relation to their
supervisory status and in a failure to properly address his grievances. (Id.) On November 26,
2013, Chief Magistrate Judge Martin Carlson issued a Report and Recommendation wherein he
recommended that the Court grant Plaintiff’s motion to proceed in forma pauperis. (Doc. No. 9.)
He further recommended that the Court dismiss the complaint with respect to Defendants
Kerestes, Geroski, Miller, and Mason. (Id.) Plaintiff did not file any objection to the Report and
recommendation; but, on December 11, 2013, he filed an amended complaint without any
allegations against Defendants Kerestes, Geroski, Miller, and Mason. (Doc. No. 10.)
ACCORDINGLY, on this 23rd day of January 2014, IT IS HEREBY ORDERED
THAT the Report and Recommendation of Chief Magistrate Judge Carlson is ADOPTED IN

PART as follows:
1. The Plaintiff’s motion for leave to proceed in forma pauperis (Doc. No. 2) is
GRANTED;
2. The recommendation that the complaint be dismissed with respect to Defendants
Kerestes, Geroski, Mason and Miller is NOT ADOPTED AS MOOT.
IT IS FURTHER ORDERED THAT the case is referred back to Magistrate Judge Carlson for
all further proceedings.
S/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania