Rosa-Diaz v. Harry et al

Filing 32

ORDER: 1) The report and recommendation 31 of M.J. Carlson is ADOPTED.2) The motion to dismiss 26 is DENIED with respect to the pltfs Eighth Amendment conditions of confinement claim against Dfts Digby, Harry, and Strohecker.3) The mtn to dismiss is DENIED with respect to the First Amendmentretaliation claim brought against Dft Harry.4) In all other respects and as to all other dfts, the mtn to dismissis GRANTED.5) The court will issue a separate case management order.Signed by Honorable Sylvia H. Rambo on 7/16/18. (ma)

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

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 recommends that Defendants’ motion to dismiss be granted in
part and denied in part. No objections have been filed.
The court has reviewed the very thorough report which examined the facts
and applied in detail the case law applicable to the facts, and concludes that the
recommendation made by the magistrate judge should be adopted. Accordingly, IT
IS HEREBY ORDERED as follows:
1) The report and recommendation of the magistrate judge is ADOPTED.
2) The motion to dismiss (Doc. 26) is DENIED with respect to the
plaintiff’s Eighth Amendment conditions of confinement claim against
Defendants Digby, Harry, and Strohecker.
3) The motion to dismiss is DENIED with respect to the First Amendment
retaliation claim brought against Defendant Harry.
4) In all other respects and as to all other defendants, the motion to dismiss
is GRANTED.

5) The court will issue a separate case management order.

s/Sylvia H. Rambo
SYLVIA H. RAMBO
United States District Judge
Dated: July 16, 2018

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