Farmer v. Potteiger et al

Filing 37

ORDER AND NOW, THIS 5th DAY OF NOVEMBER 2012, FOR THE REASONS SET OUT IN THE SIMULTANEOUSLY FILED MEMORANDUM, IT IS HEREBY ORDERED THAT:1.The Report and Recommendation of Magistrate Judge Martin C. Carlson concerning Plaintiff Joseph W. Farmers 42 U.S.C. § 1983 action (Doc. 33) is adopted in part;2.The Report and Recommendation is adopted insofar as it recommends dismissal with prejudice of all claims related to Plaintiffs previous parole denials;3.Defendants Motions to Dismiss (Docs. 13, 31) are granted in part and denied in part;4.The motions are granted insofar as they seek dismissal of the Complaint--they are denied insofar as they seek dismissal with prejudice; 5.All claims in Plaintiffs Complaint which relate to previous parole denials and prison grievances are dismissed with prejudice;6.Claims related to allegedly improper program assignments and alleged revocation of parole eligibility are dismissed without prejudice;7.Plaintiff is granted leave to file an amended compla int consistent with the simultaneously filed Memorandum, that is, any amended complaint must be limited to claims related to allegedly improper program assignments and alleged revocation of parole eligibility, naming only defendants who are directly involved in the alleged wrongs;8.An amended complaint must be filed within fourteen (14) days of the date of this Order;9.Upon the filing of an amended complaint, this matter is remanded to Magistrate Judge Carlson for further consideration; 10.Any appeal of this Order will be deemed frivolous. Signed by Honorable Richard P. Conaboy on 11/5/12 (cc)

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JOSEPH W. FARMER,

:
:CIVIL ACTION NO. 3:12-CV-808
Plaintiff,
:
:(JUDGE RICHARD P. CONABOY)
v.
:(Magistrate Judge Carlson)
:
MICHAEL POTTEIGER, et al.,
:
:
Defendants.
:
:
___________________________________________________________________
ORDER
AND NOW, THIS 5th

DAY OF NOVEMBER 2012, FOR THE REASONS SET

OUT IN THE SIMULTANEOUSLY FILED MEMORANDUM, IT IS HEREBY ORDERED
THAT:
1.

The Report and Recommendation of Magistrate Judge Martin
C. Carlson concerning Plaintiff Joseph W. Farmer’s 42
U.S.C. § 1983 action (Doc. 33) is adopted in part;

2.

The Report and Recommendation is adopted insofar as it
recommends dismissal with prejudice of all claims related
to Plaintiff’s previous parole denials;

3.

Defendants’ Motions to Dismiss (Docs. 13, 31) are granted
in part and denied in part;

4.

The motions are granted insofar as they seek dismissal of
the Complaint--they are denied insofar as they seek
dismissal with prejudice;

5.

All claims in Plaintiff’s Complaint which relate to
previous parole denials and prison grievances are
dismissed with prejudice;

6.

Claims related to allegedly improper program assignments
and alleged revocation of parole eligibility are
dismissed without prejudice;

7.

Plaintiff is granted leave to file an amended complaint
consistent with the simultaneously filed Memorandum, that
is, any amended complaint must be limited to claims
related to allegedly improper program assignments and
alleged revocation of parole eligibility, naming only
defendants who are directly involved in the alleged
wrongs;

8.

An amended complaint must be filed within fourteen (14)
days of the date of this Order;

9.

Upon the filing of an amended complaint, this matter is
remanded to Magistrate Judge Carlson for further
consideration;

10.

Any appeal of this Order will be deemed frivolous.

S/Richard P. Conaboy
RICHARD P. CONABOY
United States District Judge