Hammonds v. Collins et al

Filing 247

ORDER: Magistrate Judge Schwab's Report and Recommendation 227 is ADOPTED. Defendants' Motion for Summary Judgment 180 is GRANTED in part and DENIED in part. Summary Judgment is GRANTED as to Plaintiff's due process claim. Defen dants' Motion for Summary Judgment as to all other claims is DENIED without prejudice with leave to re-file after the completion of discovery. The case is REMANDED to Magistrate Judge Schwab for further proceedings.Signed by Honorable Matthew W. Brann on 11/20/14. (km)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
RICHARD ALLEN HAMMONDS, :
:
:
Plaintiff,
:
:
v.
:
:
SUPERINTENDENT B. COLLINS, :
et al.,
:
:
Defendants.
:

Case No. 3:12-cv-00236
(Judge Brann)
(Magistrate Judge Schwab)

ORDER
November 20, 2014
The undersigned has given full and independent consideration to the
September 11, 2014 report and recommendation of Magistrate Judge Susan E.
Schwab (ECF No. 227). No objections or responses have been filed, so this Court
has reviewed the R&R for abuse of discretion. Cf. Henderson v. Carlson, 812 F.2d
874, 878 (3d Cir. 1987) (although the court is not required to review magistrate
judge’s report absent objections, “the better practice is for the district judge to
afford some level of review to dispositive legal issues raised by the report”).
Because this Court agrees with Magistrate Judge Schwab’s recommendation,
the Court will not rehash the reasoning of the Magistrate Judge and will adopt the
report and recommendation in its entirety.

NOW, THEREFORE, IT IS ORDERED THAT:
1.

Magistrate Judge Schwab’s report and recommendation is ADOPTED
(ECF No. 227).

2.

Defendants’ Motion for Summary Judgment (ECF No. 180) is
GRANTED in part and DENIED in part.

3.

Summary judgment is GRANTED as to Plaintiff’s due process claim.

4.

Defendants’ Motion for Summary Judgment as to all other claims is
DENIED without prejudice with leave to re-file after the completion
of discovery.

5.

The case is REMANDED to Magistrate Judge Schwab for further
proceedings.

BY THE COURT:

/s Matthew W. Brann
Matthew W. Brann
United States District Judge