Camacho v. Dean et al

Filing 191

ORDER ADOPTING REPORT AND RECOMMENDATIONS - IT IS ORDERED THAT: 1. The Court adopts the Report and Recommendation 190 , of Chief Magistrate Judge Schwab;2. Defendants Motion 145 to Dismiss Plaintiffs Complaint is GRANTED IN PART and DENIED IN PART , as follows: a. The motion is GRANTED as to Count IIs claims against Defendant Parks, and as to Count IVs supervisory liability claims against Defendants Parks and Cook in their entirety, and Count IVs supervisory liability claim against Defendant B ickell premised on Defendant Deans alleged retaliation and Defendants alleged denial of medical care;b. The motion is DENIED as to Count IIs claims against Defendants Hoover and Price, and as to Count IVs supervisory liability claim against Defendant Bickell stemming from Defendant Deans alleged use of force; 3. Plaintiff is granted leave to file an amended complaint in accordance with this Order and Chief Magistrate Judge Schwabs Report and Recommendation within thirty (30) days of the date of this Order; and 4. This matter is recommitted to Chief Magistrate Judge Schwab for further pretrial management. Signed by Honorable Yvette Kane on 7/24/17. (rw)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ROBERTO CAMACHO, Plaintiff v. R.J. DEAN, et al., Defendants : : : : : : : : No. 1:14-cv-1428 (Judge Kane) (Chief Magistrate Judge Schwab) ORDER Before the Court in the above-captioned action is the July 3, 2017 Report and Recommendation of Chief Magistrate Judge Schwab. (Doc. No. 190.) No timely objections have been filed. ACCORDINGLY, on this 21st day of July 2017, upon independent review of the record and the applicable law, IT IS ORDERED THAT: 1. The Court adopts the Report and Recommendation (Doc. No. 190), of Chief Magistrate Judge Schwab; 2. Defendants’ Motion to Dismiss Plaintiff’s Complaint (Doc. No. 145), is GRANTED IN PART and DENIED IN PART, as follows: a. The motion is GRANTED as to Count II’s claims against Defendant Parks, and as to Count IV’s supervisory liability claims against Defendants Parks and Cook in their entirety, and Count IV’s supervisory liability claim against Defendant Bickell premised on Defendant Dean’s alleged retaliation and Defendants’ alleged denial of medical care; b. The motion is DENIED as to Count II’s claims against Defendants Hoover and Price, and as to Count IV’s supervisory liability claim against Defendant Bickell stemming from Defendant Dean’s alleged use of force; 3. Plaintiff is granted leave to file an amended complaint in accordance with this Order and Chief Magistrate Judge Schwab’s Report and Recommendation within thirty (30) days of the date of this Order; and 4. This matter is recommitted to Chief Magistrate Judge Schwab for further pretrial management. s/ Yvette Kane Yvette Kane, District Judge United States District Court Middle District of Pennsylvania

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