Wilson v. Kerestes et al

Filing 15

ORDER (memorandum filed previously as separate docket entry). The Report and Recommendation (Doc.10) is ADOPTED. Plaintiff's Motion for Leave to Proceed In Forma Pauperis(Doc.2)is GRANTED. The Clerk of Court is directed to REMAND this case to a Magistrate Judge for further proceedings consistent with this Order. (See Order for complete details). Signed by Honorable Edwin M. Kosik on 2/12/15. (ga)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
____________________________________
:
DARRELL WILSON,
:
:
Plaintiff,
:
:
v.
:
:
JOHN KERESTES, et al.,
:
:
Defendants.
:
____________________________________:

Civil Action No. 3:13-CV-3076
(Judge Kosik)

ORDER
AND NOW, THIS 12th DAY OF FEBRUARY, 2015, IT IS HEREBY ORDERED
THAT:
(1) The Report and Recommendation (Doc. 10) of Magistrate Judge Thomas M. Blewitt
is ADOPTED;
(2) Plaintiff’s claim for compensatory damages against Defendants in their official
capacities is DISMISSED WITH PREJUDICE;
(3) Plaintiff’s claim for punitive damages against Defendants in their official capacities is
DISMISSED WITH PREJUDICE;
(4) Plaintiff’s First Amendment right of access to the courts claim is DISMISSED
WITH PREJUDICE;
(5) Plaintiff’s Fourteenth Amendment Due Process claim against Defendants is
DISMISSED WITH PREJUDICE;
(6) Plaintiff’s defamation of character claim against Defendants is DISMISSED WITH
PREJUDICE;

(7) Plaintiff’s First Amendment retaliation claim against Defendants Luquis, Muick,
Corbacio, Miller, Lewis, and Kerestes is DISMISSED WITH PREJUDICE;
(8) Plaintiff’s First Amendment retaliation claim will PROCEED against Defendants
Mayer and Bisel;
(9) Plaintiff’s Motion for Leave to Proceed In Forma Pauperis (Doc. 2) is GRANTED;
and
(10) The Clerk of Court is directed to REMAND this case to a Magistrate Judge for
further proceedings consistent with this Order.

s/ Edwin M. Kosik_______
Edwin M. Kosik
United States District Judge