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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?