Fattah v. John Doe #1 et al

Filing 35

ORDER re 34 Memorandum (Order to follow as separate docket entry), ORDER ADOPTING REPORT AND RECOMMENDATIONS: IT IS HEREBY ORDERED that:(1) The Report and Recommendation (Doc. 25) is ADOPTED.(2)All claims against the following Defendants are DISMIS SED with prejudice: Mary Sabol; Jeffrey Beard; Thomas Decker; Deputy Warden Buono; Joseph Sallemi; Kelly Mitri; Jennifer Miosi; Jesse Wildner; Brendan Quinlan; Mark Graham; Matthew Klienman; Dennis Becotte; Corrections Officer Yeager; Corrections Off icer Sutton; Corrections Officer Evans; Corrections Officer March; and Nurse Somich. These Defendants are DISMISSED from the action entirely.(3) Plaintiffs Second, Fourth, Fifth, Sixth, Seventh, and Eighth Causes of Action against Defendants Rackova n, Somich, Granlund, and Dr. Symonds are DISMISSED with prejudice. Plaintiff may proceed with the First Cause of Action (Eighth Amendment denial of medical care claim) and Third Cause of Action (Eighth Amendment conditions of confinement claim) as t o these Defendants.(4)Plaintiff is granted twenty-one (21) days to amend the Amended Complaint to allege exhaustion of Plaintiffs administrative remedies.(5)This case is RECOMMITTED to Magistrate Judge Blewitt for further proceedings. Signed by Honorable A. Richard Caputo on 3/23/12. (jam, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ABDEL FATTAH,
CIVIL ACTION NO. 3:10-1607
Plaintiff,
(JUDGE CAPUTO)

v.

(MAGISTRATE JUDGE BLEWITT)

MARY SABOL, et al.,
Defendants.
ORDER

NOW, this 23rd day of March, 2012, after consideration of Magistrate Judge
Blewitt’s Report and Recommendation (Doc. 27) and Plaintiff’s objections to the
Report and Recommendation (Doc. 28), IT IS HEREBY ORDERED that:
(1)

The Report and Recommendation (Doc. 25) is ADOPTED.

(2)

All claims against the following Defendants are DISMISSED with prejudice:
Mary Sabol; Jeffrey Beard; Thomas Decker; Deputy Warden Buono; Joseph
Sallemi; Kelly Mitri; Jennifer Miosi; Jesse Wildner; Brendan Quinlan; Mark
Graham; Matthew Klienman; Dennis Becotte; Corrections Officer Yeager;
Corrections Officer Sutton; Corrections Officer Evans; Corrections Officer March;
and Nurse Somich. These Defendants are DISMISSED from the action entirely.

(3)

Plaintiff’s Second, Fourth, Fifth, Sixth, Seventh, and Eighth Causes of Action
against Defendants Rackovan, Somich, Granlund, and Dr. Symonds are
DISMISSED with prejudice. Plaintiff may proceed with the First Cause of
Action (Eighth Amendment denial of medical care claim) and Third Cause of
Action (Eighth Amendment conditions of confinement claim) as to these
Defendants.

(4)

Plaintiff is granted twenty-one (21) days to amend the Amended Complaint to
allege exhaustion of Plaintiff’s administrative remedies.

(5)

This case is RECOMMITTED to Magistrate Judge Blewitt for further
proceedings.
/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge