KLOSS v. SCI ALBION/PA D.O.C. et al

Filing 304

ORDER granting 287 Motion to Dismiss for Failure to State a Claim; granting 293 Motion to Dismiss for Failure to State a Claim; adopting Report and Recommendation 301 . For the reasons set forth in the Report and Recommendation 301 , which is hereby adopted as the final order of the Court, the Motion to Dismiss filed by the Corrections Defendants 287 is GRANTED as to Defendants Giroux, Zirkle, Wetzel, McHenry, Seelinger, Fait, Jones, Dube, Meure, and McLaurin, each of whom is dismissed from this action, with prejudice. The Motion to Dismiss filed by Defendant MacAraw 293 is GRANTED, and Defendant MacAraw is dismissed from this action, with prejudice. Signed by Judge Susan Paradise Baxter on 9/25/18. (jdg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
DANIEL A. KLOSS,
Plaintiff,

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v.
SCI-ALBION, et al.,
Defendant.

Civil Action No. 1:15-cv-282

Judge Susan Paradise Baxter

ORDER OF COURT
Susan Paradise Baxter, District Judge
Plaintiff initiated the instant action on November 23, 2015. ECF No. 1. On February 16,
2018, and March 22, 2018, Defendants filed separate Partial Motions to Dismiss pursuant to
Rule 12(b)(6) of the Federal Rules of Civil Procedure. ECF Nos. 287, 293. On August 15, 2018,
the undersigned, then a United States Magistrate Judge, issued a Report and Recommendation
that Defendants’ Motions be granted. ECF No. 301. In response, Plaintiff filed objections to the
Report and Recommendation. ECF No. 302.
On September 14, 2018, the undersigned was sworn in as a United States District Judge.
This action was reassigned to this Court’s docket on September 17, 2018. ECF No. 303.
After conducting a thorough de novo review of Plaintiff’s objections, the Court stands by
the conclusions set forth in the Report and Recommendation. Accordingly, it is HEREBY
ORDERED that the Report and Recommendation issued on August 15, 2018, is converted into a
final Memorandum Opinion. Consistent with the recommendation therein, Defendants’ Motions
to Dismiss are each GRANTED. Defendants Giroux, Zirkle, Wetzel, McHenry, Seelinger, Fait,
Jones, Dube, Meure, McLaurin, and MacAraw are dismissed from this action, with prejudice.

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/s/ Susan Paradise Baxter
SUSAN PARADISE BAXTER
United States District Judge
Dated: September 25, 2018

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