Haywood v. Martynowicz et al

Filing 40

ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS HEREBY ORDERED that Magistrate Judge Carlson's 38 Amended Report and Recommendation is adopted in its entirety; all claims against the Monroe County Correctional Facility are dismissed with pre judice; Plaintiff's request for a specific amount of unliquidated damages is stricken; 31 Plaintiff's Motion for Summary Judgment is denied without prejudice; 37 Report and Recommendation is rejected as moot; this case is remanded back to Magistrate Judge Carlson for further proceedings. Signed by Honorable Matthew W. Brann on 1/31/19. (lg)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
No. 3:18-CV-00610

DAVID HASSAN ALI HAYWOOD,

(Judge Brann)

Plaintiff,

(Magistrate Judge Carlson)

v.
CO MARTYNOWICZ, et al.,
Defendants.
ORDER

JANUARY 31, 2019
On January 14, 2019, Magistrate Judge Martin C. Carlson issued a Report
and Recommendation,1 to which no timely objections were filed. This Court has
reviewed the Report and Recommendation and finds no clear error on the face of
the record.2
Therefore,

IT

IS

HEREBY

ORDERED

that

the

Report

and

Recommendation of Magistrate Judge Carlson, ECF No. 38, is ADOPTED IN ITS
ENTIRETY. All claims against the Monroe County Correctional Facility are
DISMISSED WITH PREJUDICE. Plaintiff’s request for a specific amount of
unliquidated damages is STRICKEN. Plaintiff’s Motion for Summary Judgment,
ECF No. 31, is DENIED WITHOUT PREJUDICE.

1
2

ECF No. 38.
Univac Dental Co. v. Dentsply Intern., Inc., 702 F. Supp. 2d 465, 469 (M.D. Pa. 2010).

The earlier Report and Recommendation, ECF No. 37, is REJECTED AS
MOOT, and this case is remanded back to Magistrate Judge Martin Carlson for
further proceedings.
BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge