Schreane v. Thomas et al

Filing 52

ORDER ADOPTING REPORT AND RECOMMENDATIONS: IT IS HEREBY ORDERED that:(1)The Report & Recommendation (Doc. 44) to grant Defendants Motion to Dismiss and for Summary Judgment (Doc. 24) as follows is ADOPTED in its entirety.(A)Summary judgment is GRANT ED in favor of Defendant HSA Brown on Plaintiffs denial of medical care claim.(B)Summary judgment is GRANTED in favor of Defendants CO Barbella, SIA Heath, and Captain Enzel on all claims.(C)Defendants Thomas, Simmons, Campbell, and Watts are DISMISS ED from this action with prejudice.(D)Plaintiffs constitutional claims regarding the incident reports are DISMISSED with prejudice.(E)Plaintiffs Eighth Amendment denial of medical care claim is DISMISSED with prejudice. (F)Plaintiffs First Amendment denial of access to the courts claim is DISMISSED without prejudice. Plaintiff has twenty-one (21) days from the date of entry of this Order to file an amended complaint stating a First Amendment denial of access to the courts claim. Failure to tim ely file an amended complaint will result in the dismissal of this action.(2)Plaintiffs Motion to Amend his Complaint to add a New Defendant (Doc. 39) is DENIED.(3)Defendants Motion to Stay (Doc. 43) is DENIED as moot.(4)The matter is RECOMMITTED to Magistrate Judge Blewitt for further proceedings. Signed by Honorable A. Richard Caputo on 12/6/13. (jam)