DELGADILLO v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS et al

Filing 27

ORDER (memorandum filed previously as separate docket entry),the report and recommendation of Judge Mehalchick, (Doc. 23), is ADOPTED IN ITS ENTIRETY;The DOC defendants motion to dismiss the plaintiffs complaint, (Doc. 14), is GRANTED IN PART AND DENIED IN PART.(See order for full details). ORDER REFERRING CASE to MJ Mehalchick.Signed by Honorable Malachy E Mannion on 3/22/17. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
JOE DELGADILLO,

:

Plaintiff

:
:

v.
COMMONWEALTH OF
PENNSYLVANIA DEPARTMENT
OF CORRECTIONS, et. al.,
Defendants

CIVIL ACTION NO. 3:16-0041
(MANNION, D.J.)
(MEHALCHICK, M.J.)

:
:
:

ORDER
In accordance with the memorandum issued this same day, IT IS
HEREBY ORDERED THAT:
(1)

the report and recommendation of Judge Mehalchick, (Doc. 23),
is ADOPTED IN ITS ENTIRETY;

(2)

The DOC defendants’ motion to dismiss the plaintiff’s
complaint, (Doc. 14), is GRANTED IN PART AND DENIED
IN PART.

(3)

Defendant PA Flatt’s motion to dismiss the plaintiff’s
complaint, (Doc. 18), is GRANTED.

(4)

The plaintiff’s excessive force claim against Sergeant Bocci,
Monell claim, and claim directly under the Pennsylvania
Constitution are DISMISSED WITH PREJUDICE for failure
to state a claim pursuant to Fed.R.Civ.P. 12(b)(6).

(5)

The plaintiff’s Eighth Amendment deliberate indifference

claims against PA Flatt, Sergeant Bocci, Superintendent
Harry and John Doe CO No. 1 are DISMISSED WITHOUT
PREJUDICE for failure to state a claim pursuant to
Fed.R.Civ.P. 12(b)(6).
(6)

The plaintiff is allowed to proceed as to his Eighth
Amendment deliberate indifference claims against John
Doe CO Nos. 2-10.

(7)

The Clerk of Court is directed to TERMINATE The
Pennsylvania Department of Corrections and SCI Camp Hill
as defendants from this action.

(8)

Since the plaintiff has filed his amended complaint, (Doc. 24),
the remaining defendants shall file their response within
twenty-one (21) days from the date of this order.

(9)

The matter is remanded to Judge Mehalchick for further
proceedings.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: March 22, 2017
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2016 MEMORANDA\16-0041-01-ORDER.wpd

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