Johnson v. Department of Corrections

Filing 52

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 51 Report and Recommendations, Granting 38 Motion to Dismiss; granting 41 Motion to Dismiss for Failure to State a Claim. Plaintiff Solomon Johnsons Section 1983 claims, (Doc. No. 43), are DISMI SSED WITH PREJUDICE; b) Plaintiff Solomon Johnsons state-law claims, (Doc. No. 43), against Defendant Dancha are DISMISSED WITHOUT PREJUDICE to Plaintiff re-filing these claims in an appropriate state court forum; and the Clerk of court shall close this case. Signed by Honorable Yvette Kane on 3/22/16. (pw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
SOLOMON JOHNSON,
Plaintiff
v.
DEPARTMENT OF CORRECTIONS,
et al.,
Defendants

:
:
:
:
:
:
:
:
:
:

CIVIL ACTION NO. 1:14-cv-896
(Judge Kane)
(Magistrate Judge Saporito)

ORDER
Before the Court in the above-captioned action is the March 3, 2016 Report and
Recommendation of Magistrate Judge Saporito. No timely objections have been filed.
AND NOW, on this 22nd day of March 2016, upon review of the record and the
applicable law, IT IS HEREBY ORDERED THAT:
1) The Court adopts the Report and Recommendation (Doc. No. 51) of
Magistrate Judge Saporito;
2) Defendants’ motions to dismiss (Doc. Nos. 38, 41) pursuant to Federal Rule
of Civil Procedure 12(b)(6) are GRANTED as follows:
a)

Plaintiff Solomon Johnson’s Section 1983 claims, (Doc. No. 43),
are DISMISSED WITH PREJUDICE;

b)

Plaintiff Solomon Johnson’s state-law claims, (Doc. No. 43), against
Defendant Dancha are DISMISSED WITHOUT PREJUDICE to
Plaintiff re-filing these claims in an appropriate state court forum;
and

3) The Clerk of Court shall CLOSE this case.

S/ Yvette Kane
YVETTE KANE, District Judge
United States District Court
Middle District of Pennsylvania