Rosa-Diaz v. Harry et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS 7 of MJ Carlson as follows. 1) a. The following claims are DISMISSED WITHOUT PREJUDICE to the filing of an amended complaint which addresses:i. Claims for injunctive relief;ii. Eighth Amendment claims premi sed on isolated restrictions on recreation and refusal of meals.2) All verbal harassment claims are DISMISSED WITH PREJUDICE.3) The amended complaint shall comply with the instructions of the magistratejudge and shall not misjoin defendants and claim s (see Doc. 7, pp. 9-11).4) Pltf shall have 20 days from the date of this order to file an amendedcomplaint or new complaints that comply with Civil Rules of Procedure 8and 20.5) This matter is remanded to the magistrate judge.Signed by Honorable Sylvia H. Rambo on 1/4/18. (ma)

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

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Civil No. 1:17-cv-2215

Judge Sylvia H. Rambo

ORDER
Before the court is a report and recommendation filed by the magistrate
judge in which he addresses the volume and prolixity of the civil complaint and
recommends that a number of the claims set forth in the complaint be dismissed. In
his objections to the report and recommendation, Plaintiff Rosa-Diaz agrees that
his claims of verbal harassment should be removed from the complaint (Doc. 9, p.
2) and that some of his claims for injunctive relief should also be removed.
The explanations that Plaintiff attempts to give in response to the report
and recommendation should be set forth in an amended complaint which complies
with Federal Rules of Civil Procedure 8 and 20 and the cases of Bell Atlantic Corp.
v. Twombly, 550 U.S. 544 (2007) and Ashcroft v. Iqbal, ___ U.S. ___, 129 S. Ct.
1937 (2009), and addresses the defects cited in the report and recommendation
(Doc. 7).

Accordingly, IT IS HEREBY ORDERED that:
1) The report and recommendation of the magistrate judge is ADOPTED as
follows:
a. The following claims are DISMISSED WITHOUT PREJUDICE to
the filing of an amended complaint which addresses:
i. Claims for injunctive relief;
ii. Eighth Amendment claims premised on isolated restrictions on
recreation and refusal of meals.
2) All verbal harassment claims are DISMISSED WITH PREJUDICE.
3) The amended complaint shall comply with the instructions of the magistrate
judge and shall not misjoin defendants and claims (see Doc. 7, pp. 9-11).
4) Plaintiff shall have 20 days from the date of this order to file an amended
complaint or new complaints that comply with Civil Rules of Procedure 8
and 20.
5) This matter is remanded to the magistrate judge.

s/Sylvia H. Rambo
SYLVIA H. RAMBO
United States District Judge
Dated: January 4, 2018

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