Rosa-Diaz v. Harry et al

Filing 15

MEMORANDUM re MOTION to Amend/Correct 12 (Order to follow as separate docket entry)Signed by Honorable Sylvia H. Rambo on 1/31/17. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
GABRIEL ROSA-DIAZ and MASON :
:
SWANSON,
:
:
Plaintiff,
:
:
v.
:
:
LAUREL HARRY et al.,
:
:
Defendant.

Civil No. 1:16-cv-2303

Judge Sylvia H. Rambo

MEMORANDUM
The background of this order is as follows: On November 14, 2016,
Plaintiff Rosa-Diaz (“Diaz”) filed a civil rights complaint on behalf of himself and
another inmate, Mason Swanson, setting forth claims against state officials related
to conditions of confinement, medical indifference, retaliation, discrimination, and
failure to act on his grievances. Diaz named approximately twenty defendants
including prison officials and Department of Corrections officials. The complaint
was 37 pages long and included 208 paragraphs.
The magistrate judge examined the complaint pursuant to 28 U.S.C. §
1915(e)(2)(B)(ii) and Federal Rule of Civil Procedure 8, as well as with the
jurisprudence set forth in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) and
Ashcroft v. Iqbal, -- U.S. --, 129 S.Ct. 1937 (2009).
The report and recommendation filed by the magistrate judge
recommends dismissal of the complaint as to Defendants Zobitne, Moore, Heist,

Harry, Woodside and Wetzel without prejudice to file an amended complaint. On
November 28, 2016, Diaz filed a motion that his case be put on temporary hold. By
order dated January 10, 2017, Diaz was granted leave to file objections to the
report and recommendation by March 13, 2017. On January 27, 2017, Diaz filed a
motion to file an amended complaint along with the amended complaint. His
amended complaint is 31 pages long with 182 paragraphs excluding the paragraphs
related to the request for relief.
In light of the fact that the magistrate judge recommended that Diaz be
granted the opportunity to file an amended complaint, he shall be permitted to do
so, subject to a review of the complaint by the magistrate judge as to the
requirements set forth in Twombly, Iqbal and Federal Rule of Procedure 8.
An appropriate order will issue.

s/Sylvia H. Rambo
SYLVIA H. RAMBO
United States District Judge
Dated: January 30, 2017

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