Turner v. Lopez et al

Filing 39

ORDER (memorandum filed previously as separate docket entry).(1) Judge Carlsons report and recommendation, (Doc. No. 34), is ADOPTED IN FULL;(2) The defendants motion to dismiss is GRANTED;(3) The plaintiffs Eighth Amendment claim brought pursuant to 42 U.S.C. §1983 is DISMISSED WITH PREJUDICE;(4) All other state law claims are DISMISSED WITHOUT PREJUDICE;(5) The Clerk is directed to close this case. Signed by Honorable Malachy E Mannion on 12/9/13. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
MELVIN TURNER,

:

Plaintiff

:

CIVIL ACTION NO. 3:13-872

v.

:

(MANNION, D.J.)
(CARLSON, M.J.)

RAFEL LOPEZ, et al.,

:

Defendants

:
ORDER

For the reasons stated in the court’s memorandum issued this same
day, IT IS HEREBY ORDERED THAT:
(1) Judge Carlson’s report and recommendation, (Doc. No. 34), is
ADOPTED IN FULL;
(2) The defendant’s motion to dismiss is GRANTED;
(3) The plaintiff’s Eighth Amendment claim brought pursuant to 42
U.S.C. §1983 is DISMISSED WITH PREJUDICE;
(4) All other state law claims are DISMISSED WITHOUT
PREJUDICE;
(5) The Clerk is directed to close this case.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: December 9, 2013
O:\Mannion\shared\MEMORANDA - DJ\2013 MEMORANDA\13-872-02-ORDER.wpd