Thomas v. Palakovich et al

Filing 14

ORDER re 13 Memorandum (Order to follow as separate docket entry), Memorandum (Order to follow as separate docket entry):IT IS HEREBY ORDERED THAT the Report and Recommendation (Doc. 9) is ADOPTED in part and REJECTED in part as follows.(1) Plainti ffs Motion for Leave to Proceed In Forma Pauperis is GRANTED.(2) The following claims in Plaintiffs Complaint are DISMISSED:(a) Plaintiffs Eighth Amendment claims against Warden Palakovich and Warden Sabol;(b) Plaintiffs Fifth and Fourteenth Amendmen t claims;(c) Plaintiffs medical malpractice claim; (d) Plaintiffs claim for monetary damages from Dr. Nicholas Schaff in his official capacity; and(e) Plaintiffs claim for injunctive relief.(3) Plaintiff will have twenty-one (21) days to amend his Ei ghth Amendment claims against Warden Palakovich and Warden Sabol. When submitting an amended complaint, Plaintiffs must follow the procedure for highlighting of amendments outlined in Local Rule 15.1(b).(3) The case shall be recommitted to Magistrate Judge Smyser for further proceedings. Signed by Honorable A. Richard Caputo on 3/29/12. (jam, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DARYL THOMAS,
CIVIL ACTION NO. 3:11-CV-2172

Plaintiff,

(JUDGE CAPUTO)
v.

(MAGISTRATE JUDGE BLEWITT)

JOHN PALAKOVICH, WARDEN OF
CAMP HILL PRISON; MARY SABOL,
WARDEN OF YORK COUNTY PRISON;
DOCTOR VONKIEL; MEGHANN C.
CENTENO, COUNSELOR; DOCTOR
NICHOLAS SCHAFF, CHIEF OF
CLINICAL SERVICE PENNSYLVANIA
DEPARTMENT OF CORRECTIONS;
Defendants.
ORDER
NOW, this 29th

day of March, 2012, after consideration of Magistrate Judge

Blewitt’s Report and Recommendation to dismiss Plaintiff’s Complaint (Doc. 1) and grant
his Motion for Leave to Proceed In Forma Pauperis (Doc. 2), as well as Plaintiff’s
Objections, IT IS HEREBY ORDERED THAT the Report and Recommendation (Doc. 9)
is ADOPTED in part and REJECTED in part as follows.
(1) Plaintiff’s Motion for Leave to Proceed In Forma Pauperis is GRANTED.
(2) The following claims in Plaintiff’s Complaint are DISMISSED:
(a) Plaintiff’s Eighth Amendment claims against Warden Palakovich and
Warden Sabol;
(b) Plaintiff’s Fifth and Fourteenth Amendment claims;
(c) Plaintiff’s medical malpractice claim;
(d) Plaintiff’s claim for monetary damages from Dr. Nicholas Schaff in his
official capacity; and
(e) Plaintiff’s claim for injunctive relief.
(3) Plaintiff will have twenty-one (21) days to amend his Eighth Amendment
claims against Warden Palakovich and Warden Sabol. When submitting an
amended complaint, Plaintiffs must follow the procedure for highlighting of

amendments outlined in Local Rule 15.1(b).
(3) The case shall be recommitted to Magistrate Judge Smyser for further
proceedings.

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