Hinkley v. Pennsylvania Board of Probation & Parole et al

Filing 66

ORDER ADOPTING REPORT AND RECOMMENDATIONS: IT IS HEREBY ORDERED that Magistrate Judge Mannions Report and Recommendation (Doc. 62) is ADOPTED in its entirety.(1)Defendants Partial Motion to Dismiss the Amended Complaint (Doc. 23) is GRANTED.(2)Plaint iffs claims against the Parole Board, SCI-Coal Township, SCI-Coal Township Sunrise Mountain Therapeutic Community Program, and the individual Defendants in their official capacities are DISMISSED with prejudice.(3)Plaintiffs claim for damages under t he Pennsylvania Constitution is DISMISSED with prejudice.(4)Plaintiffs claims against Defendants McVey, Barkley, Daub, and Mull are DISMISSED with prejudice.(5)The matter is RECOMMITTED to Magistrate Judge Mannion. Signed by Honorable A. Richard Caputo on 9/25/12. (jam, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
RANDY CARL HINKLEY,
CIVIL ACTION NO. 3:CV-11-0525

Plaintiff,

(JUDGE CAPUTO)

v.

(MAGISTRATE JUDGE MANNION)
PENNSYLVANIA BOARD OF
PROBATION & PAROLE, et al.,
Defendants.
ORDER
NOW, this 25th day of September, 2012, IT IS HEREBY ORDERED that
Magistrate Judge Mannion’s Report and Recommendation (Doc. 62) is ADOPTED in its
entirety.
(1)

Defendants’ Partial Motion to Dismiss the Amended Complaint (Doc. 23) is
GRANTED.

(2)

Plaintiff’s claims against the Parole Board, SCI-Coal Township, SCI-Coal
Township Sunrise Mountain Therapeutic Community Program, and the
individual Defendants in their official capacities are DISMISSED with
prejudice.

(3)

Plaintiff’s claim for damages under the Pennsylvania Constitution is
DISMISSED with prejudice.

(4)

Plaintiff’s claims against Defendants McVey, Barkley, Daub, and Mull are
DISMISSED with prejudice.

(5)

The matter is RECOMMITTED to Magistrate Judge Mannion.

/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge