Foster v. Maiorana et al

Filing 14

ORDER: IT IS HEREBY ORDERED that:(1)Magistrate Judge Carlsons Report and Recommendation (Doc. 6) is ADOPTED in part and REJECTED in part. (A) Plaintiffs Motion to Proceed In Forma Pauperis (Doc. 3) is GRANTED. (B) Plaintiffs Motion for Preliminary In junction and Temporary Restraining Order (Doc. 2) is DENIED. (C) Plaintiffs claims against Defendants Charles Maiorana, Griffiths, ODonnell, Tony Eckenrode, Charles Entzel and Bobby L. Meeks are TRANSFERRED to the United States District Court for the Western District of Pennsylvania, and severed from the claims against Defendant Fink. (D) Plaintiffs claims against Defendants Darlene Parker, Fegley, McKee and Monica A. Recktenwald are DISMISSED as barred by the Statute of Limitations. (E)Plainti ffs claim against Defendant Fink based on Finks attempt to block Plaintiffs transfer for retaliatory reasons is DISMISSED. The remainder of Plaintiffs claims against Defendant Fink are permitted to proceed. (F)Plaintiffs claims that are dismissed a re DISMISSED without prejudice with leave to amend his complaint. If Plaintiff does not amend his complaint within thirty (30) days, these claims will be DISMISSED with prejudice. (2)The Motion to Appoint Counsel (Doc. 9) is DENIED without prejudice.(3) The Motion for Leave to Proceed in forma pauperis (Doc. 10) is DENIED as duplicative.(4)The matter is RECOMMITTED to Magistrate Judge Carlson for further proceedings. Signed by Honorable A. Richard Caputo on 11/21/14 (jam)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DERRICK FOSTER,
Plaintiff,
v.
CHARLES MAIORANA, et al.,

CIVIL ACTION NO. 3:CV-14-1368
(JUDGE CAPUTO)
(MAGISTRATE JUDGE
CARLSON)

Defendants.
ORDER
NOW, this 21 day of November, 2014, IT IS HEREBY ORDERED that:
st

(1) Magistrate Judge Carlson’s Report and Recommendation (Doc. 6) is ADOPTED in part
and REJECTED in part.
(A) Plaintiff’s Motion to Proceed In Forma Pauperis (Doc. 3) is GRANTED.
(B) Plaintiff’s Motion for Preliminary Injunction and Temporary Restraining Order (Doc.
2) is DENIED.
(C) Plaintiff’s claims against Defendants Charles Maiorana, Griffiths, O’Donnell, Tony
Eckenrode, Charles Entzel and Bobby L. Meeks are TRANSFERRED to the United
States District Court for the Western District of Pennsylvania, and severed from the
claims against Defendant Fink.
(D) Plaintiff’s claims against Defendants Darlene Parker, Fegley, McKee and Monica
A. Recktenwald are DISMISSED as barred by the Statute of Limitations.
(E) Plaintiff’s claim against Defendant Fink based on Fink’s attempt to block Plaintiff’s
transfer for retaliatory reasons is DISMISSED. The remainder of Plaintiff’s claims
against Defendant Fink are permitted to proceed.
(F) Plaintiff’s claims that are dismissed are DISMISSED without prejudice with leave
to amend his complaint. If Plaintiff does not amend his complaint within thirty (30)
days, these claims will be DISMISSED with prejudice.
(2) The Motion to Appoint Counsel (Doc. 9) is DENIED without prejudice.
(3) The Motion for Leave to Proceed in forma pauperis (Doc. 10) is DENIED as duplicative.
(4) The matter is RECOMMITTED to Magistrate Judge Carlson for further proceedings.

/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge