Ashford v. Crull et al

Filing 50

ORDER ADOPTING REPORT AND RECOMMENDATION of Chief Magistrate Judge Bloom 49 ; GRANTING medical defendants' 32 Motion to Dismiss and those parties shall be terminated; Granting in part /Denying in part Correctional dfts' motion to di smiss ;Clerk of Court is directed to remand this case for further proceedings. Medical Personnel Jane Doe, Physical Therapist John Doe, Medical Personnel Gabby, Medical Personnel McCorsick, Sgt. Thompson, Medical Personnel Brown and Sgt. Butler terminated.; Signed by Honorable Julia K Munley on 8/28/24. (sm)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
No. 3:23cv794

AILEAF ASHFORD,
Plaintiff

(Judge Munley)

v.
(Magistrate Judge Bloom)
CORRECTIONAL ACTIVITIES
SUPERVISOR CRULL, et al.
Defendants

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ORDER

Presently before the court is the Report and Recommendation ("R&R") of
Chief Magistrate Judge Daryl F. Bloom in this action filed by Plaintiff Aileaf
Ashford relative to injuries allegedly sustained by the prose plaintiff while
incarcerated at State Correctional Institution - Huntington ("SCI-Huntington").
(Doc. 49). Magistrate Judge Bloom recommends that a motion to dismiss filed
by Defendants Brown and Gabby ("Medical Defendants") be granted and that a
motion to dismiss filed by Defendants McCorsick, Davis, Crull, Butler, Thompson,
Goss (referred to Boss on the docket) and Price ("Correctional Defendants") be
granted in part and denied in part. No objections to the R&R have been filed and
the time for such filing has passed.
In deciding whether to adopt the report and recommendation when no
timely objection is filed, the court must determine if a review of the record
evidences plain error or manifest injustice. FED. R. CIv. P. 72(b), 1983 Advisory

Committee Notes ("When no timely objection is filed , the court need only satisfy
itself that there is no clear error on the face of the record to accept the
recommendation"); see also 28 U.S.C. § 636(b)(1 ); Sullivan v. Cuyler, 723 F.2d
1077, 1085 (3d Cir. 1983).
After a careful review, the court thus finds neither clear error on the face of
the record nor a manifest injustice, and therefore, the court shall accept the R&R
and adopt it in its entirety. It is thus hereby ORDERED as follows:
1) The R&R (Doc. 49) is ADOPTED in its entirety;
2) The Medical Defendants' motion to dismiss (Doc. 32) is GRANTED;
3) The Correctional Defendants' motion to dismiss (Doc. 34) is GRANTED in
part and DENIED in part, as follows:
a. The motion is GRANTED as to plaintiff's Eighth Amendment
conditions of confinement claim against Defendant Crull
regarding the weightlifting equipment;
b. The motion is GRANTED as to plaintiff's Eighth Amendment
conditions of confinement claim against Defendants Butler and
McCorsick regarding their alleged failure to provide Plaintiff with
bottom tier/bottom bunk status;

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c. The motion is GRANTED as to plaintiff's Eighth Amendment
conditions of confinement claim against Defendants Price and
Davis regarding the lack of an infirmary;
d. The motion is GRANTED as to plaintiff's Eighth Amendment
claim for deliberate indifference to his serious medical needs
against Defendants Davis, Price, and McCorsick;
e. The motion is DENIED as to plaintiff's Eighth Amendment
conditions of confinement claim against Defendants Davis,
Price, and Goss regarding Plaintiff's housing assignment and
need for showers; and
f. The motion is DENIED as to plaintiff's Pennsylvania ordinary
negligence claim against Defendant Crull regarding the
weightlifting machine;
4) Plaintiff's Eighth Amendment conditions of confinement claim against
Defendant Thompson regarding Plaintiff's need for showers is DISMISSED;
5) Plaintiff's complaint shall proceed on the following claims: (1) his Eighth
Amendment conditions of confinement claim under Section 1983 against
Defendants Davis, Price, and Goss regarding Plaintiff's housing
assignment and need for showers; and (2) his Pennsylvania ordinary

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negligence claim under Pennsylvania law against Defendant Crull
regarding the weightlifting equipment;
6) The Clerk of Court is directed to terminate the following defendants from
the Court's docket: John Doe; Jane Doe; Brown; Gabby; McCorsick; Butler;
and Thompson; and
7) The Clerk of Court is also directed to remand this matter for further
proceedings.

Date:

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