Mobley v. Barnacle et al

Filing 21

ORDER - It is hereby ORDERED that: 1. Magistrate judge's report 20 is ADOPTED.; 2. Defts' MTD 16 granted in part & denied in part.;l 3. Any claims for monetary damages against defts Barnacle & Bickell in official capacities dismissed w / prejudice - any claims against them in individual capacities may proceed.; 4. Pltf's claims for injunctive & declaratory relief dismissed as moot.; 5. Count I pltf's 1st Amend retaliation claim against deft Booher may proceed.;l 6. Counts II & VI pltf's 1st Amend retaliation claims against defts Nickum & Myers dismissed w/out prejudice.; 7. Count III 8th Amend claim against defts Bickell & Barnacle dismissed w/out prejudice.; 8. Count VII 4th Amend claim against deft Booher dism issed w/ prejudice.;l 9. Count VIII dismssed w/ prejudice.; 10. Counts IV & IX consolidated into one 8th Amend excessive force claim - combined count dismissed w/out prejudice as to deft Barnacle & Bickell but may proceed against remaining defts.; 11 : Supervisory liability claim against deft Bickell in Count X dismissed w/out prejudice.; 12. Count XII dismissed w/ prejudice w/re: defts Reed, Barnacle & Bickel - Count XII may proceed against deft Booher.; 13. Pltf may file one final amended comp laint in attempt to correct deficiencies id'd in magistrate judge's rpt - may only amend claims dismissed w/out prejudice - amended complaint due by 8/5/15.; 14. Matter remanded to magistrate judge for further proceedings inc R&R on any dispostive motions that may be filed. (See order for complet details.)Signed by Honorable William W. Caldwell on 7/15/15. (ki)

UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA
GERRY MOBLEY, JR.,
Plaintiff
v.
JAMES BARNACLE, et al.,
Defendants.

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: CIVIL NO. 1:14-cv-615
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ORDER

AND NOW, this 15th day of July, 2015, upon consideration of the report
and recommendation of the magistrate judge (Doc. 20), filed June 23, 2015, to which no
objections were filed, and upon independent review of the record, it is ordered that:
1. The magistrate judge’s report (Doc. 20) is adopted.
2. Defendants’ motion to dismiss (Doc. 16) is granted in part
and denied in part.
3. Any claims for monetary damages against Defendants Barnacle and
Bickell in their official capacities are dismissed with prejudice. Any claims
against these Defendants in their individual capacities may proceed.
4. Plaintiff’s claims for injunctive and declaratory relief are dismissed as
moot.
5. Count I, Plaintiff’s First Amendment retaliation claim against Defendant
Booher, may proceed.
6. Counts II and VI, Plaintiff’s First Amendment retaliation claims against
Defendants Nickum and Myers, are dismissed without prejudice.
7. Count III, the Eighth Amendment Claim against Defendants Bickell and
Barnacle, is dismissed without prejudice.

8. Count VII, the Fourth Amendment claim against Defendant Booher, is
dismissed with prejudice.
9. Count VIII is dismissed with prejudice.
10. Counts IV and IX are consolidated into one Eighth Amendment
excessive force claim. This combined Count is dismissed without prejudice
as to Defendants Barnacle and Bickell, but may proceed against the
remaining defendants.
11. The supervisory liability claim against Defendant Bickell in Count X is
dismissed without prejudice.
12. Count XII is dismissed with prejudice with respect to Defendants Reed,
Barnacle, and Bickell. Count XII may proceed against Defendant Booher.
13. Plaintiff may file one final amended complaint in an attempt to correct
the deficiencies identified in the magistrate judge’s report. Plaintiff is
advised that he may only amend the claims that were dismissed without
prejudice. The amended complaint must be filed within 21 days of the date
of this order, or by August 5, 2015.
14. The above-captioned matter is remanded to the magistrate judge for
further proceedings, including a Report and Recommendation on any
dispositive motions that may be filed.

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