Rosa-Diaz v. Harry et al

Filing 63

ORDER: In accord with the accompanying Memorandum 62 ; 1) The report and recommendation of the magistrate judge is ADOPTED;2) The mtn to dismiss filed by Dft Woods 43 is GRANTED;3) The Correctional Dfdts mtn to dismiss 40 is GRANTED, in part, an d all of the dfts and claims are dismissed, with the exception of a due process claim against Dfts Dempsey and Rost relating solely to the alleged confiscation of Curious Moments Archive of the Century.4) The parties shall have until 4/30/18 to complete discovery.5) The dispositive mtns ddl is 5/21/18.6) This matter is remanded to the magistrate judge for further proceedings.Signed by Honorable Sylvia H. Rambo on 3/1/18. (ma)

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

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Civil No. 1:16-cv-2303

Judge Sylvia H. Rambo

ORDER
AND NOW, this 1st day of March, 2018, IT IS HEREBY ORDERED
as follows:
1) The report and recommendation of the magistrate judge is ADOPTED;
2) The motion to dismiss filed by Defendant Woods (Doc. 43) is
GRANTED;
3) The Correctional Defendants’ motion to dismiss (Doc. 40) is
GRANTED, in part, and all of the defendants and claims are dismissed,
with the exception of a due process claim against Defendants Dempsey
and Rost relating solely to the alleged confiscation of “Curious Moments
Archive of the Century.”
4) The parties shall have until April 30, 2018 to complete discovery.
5) The dispositive motions deadline is May 21, 2018.
6) This matter is remanded to the magistrate judge for further proceedings.

s/Sylvia H. Rambo
SYLVIA H. RAMBO
United States District Judge