Moneyham v. Potter et al

Filing 35

ORDER (memorandum filed previously as separate docket entry) ADOPTING in part the 32 REPORT AND RECOMMENDATION of Magistrate Judge Saporito; ; DISMISSING the Complaint w/o prejudice; DENYING dfts' motion to dismiss as moot; Plaintiff may file an amended compliant w/i 21 days re Bivens claim;Signed by Honorable James M. Munley on 06/27/16. (sm)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ANTHONY MONEYHAM,
Plaintiff

:
No. 3:15cv436
:
:
(Judge Munley)
v.
:
:(Magistrate Judge Saporito)
L. POTTER, EMT; M. BARTH, EMT;
:
and OFFICER MESSENMAN,
:
Defendants
:
:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
ORDER
AND NOW, to wit, this 27th day of June 2016, it is HEREBY
ORDERED as follows:
1.

Plaintiff’s objection to the Report and Recommendation regarding
dismissal of his complaint (Doc. 33) is OVERRULED;

2.

The Report and Recommendation of Magistrate Judge Saporito
pertaining the dismissal of plaintiff’s original complaint is ADOPTED;

3.

Plaintiff’s complaint (Doc. 1) is DISMISSED without prejudice;

4.

The defendants’ motion to dismiss (Doc. 18) is DENIED as moot;

5.

Plaintiff’s objection to the Report and Recommendation regarding
filing an amended complaint (Doc. 33) is SUSTAINED;

6.

The Report and Recommendation of Magistrate Judge Saporito
pertaining to the denial of plaintiff’s request to file an amended
complaint is NOT ADOPTED; and

7.

Plaintiff is directed to file an amended complaint, within twenty-one
(21) days from the date of this order asserting the following claim: a
Bivens claim arising from an alleged assault on February 21, 2015 in
retaliation for plaintiff’s hunger strike on February 20, 2015. Plaintiff
may not assert any additional claims. Plaintiff must file a new action
if he chooses to assert additional claims.

BY THE COURT:

s/ James M. Munley
JUDGE JAMES M. MUNLEY
United States District Court