HANKINS v. WOLF et al

Filing 106

MEMORANDUM ORDER adopting 92 Report and Recommendations, as explained therein. Signed by Judge Terrence F. McVerry on 04/22/15. (mcp)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
Robert Hankins,
Plaintiff,
v.
Wolf, et al.
Defendants.

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Civil Action No. 1:12-168
District Judge Terrence F. McVerry
Magistrate Judge Susan Paradise Baxter

MEMORANDUM ORDER
This case is before the Court on the pending Revised Report and Recommendation filed
by Magistrate Judge Susan Paradise Baxter on January 9, 2015 (ECF No. 92).1 In the Report and
Recommendation, Judge Baxter recommended that the motion to dismiss the amended complaint
filed on behalf of Defendants Wolf, Sobina, Adams, Wetzel, Smeal, Varner, and Rhodes (ECF
No. 39) be denied as to Plaintiff’s claims against Wolf but granted in all other respects. Further,
Judge Baxter recommended that, pursuant to the authority granted by the Prison Litigation
Reform Act, Plaintiff’s claims against all remaining Defendants be dismissed for his failure to
prosecute.
Plaintiff was served with the Revised Report and Recommendation and granted several
extensions for filing objections. Plaintiff has since filed objections. (ECF No. 101). Defendants
have not filed a response.
After de novo review of the pleadings and documents in the case, together with the
Report and Recommendation, the following order is entered:

1. Judge Baxter issued a Revised Report and Recommendation after the United States Court of Appeals for the
Third Circuit decided Pearson v. Sec’y Dep’t of Corr., 775 F.3d 598 (3d Cir. 2015). This Court previously stayed
this litigation pending the outcome of Pearson. To the extent that this Court has not formally lifted the stay, it will
do so in this Memorandum Order.

AND NOW, this 22nd day of April, 2015:
IT IS HEREBY ORDERED that the Report and Recommendation is ADOPTED as the
Opinion of the Court, and Defendants’ MOTION TO DISMISS AMENDED COMPLAINT
(ECF No. 39) is GRANTED IN PART and DENIED IN PART, and the claims against
Defendants Sobina, Adams, Wetzel, Smeal, Varner, and Rhodes are DISMISSED for the
reasons set forth in the Report and Recommendation and the claims against unserved Defendants
White, Hilinski, Johnson, Kuhn, Meure, Giroux, and unnamed Defendants “John/Jane Doe
(mailroom supervisor),” “John/Jane Doe(s) (mailroom staff),” John Doe(s) (L-5 officials &
staff),” “John Does (transport officers),” and “John Doe (Lt. at the facility where Plaintiff was
hog-tied) are DISMISSED for failure to prosecute.
IT IS FURTHER ORDERED that the caption in this matter is hereby AMENDED as
follows:

Robert Hankins,
Plaintiff,
v.
C/O Wolf,
Defendant.

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Civil Action No. 1:12-168

IT IS FURTHER ORDERED that the stay entered by Order of Court on November 26,
2014 is hereby LIFTED.

By the Court:
s/ Terrence F. McVerry
Senior United States District Judge

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cc:

ROBERT HANKINS
DT-3209
1100 Pike Street
Huntingdon, PA 16654-1112
(via first-class mail)
Mary Lynch Friedline
Email: [e-mail]
Scott A. Bradley
Email: [e-mail]

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