JACKSON v. PA DEPARTMENT OF CORRECTIONS ET AL

Filing 40

MEMORANDUM ORDER - it is hereby Ordered that Defendants' motion to dismiss [ECF No. 27 ] is granted in part and denied in part as follows: (1) It is ORDERED that the motion to dismiss Plaintiffs Conspiracy and First Amendment claims against De fendants Carter, Hacherl, Haggerty, Dickey, McNaughton, Constanzo, Gilara, Oberlander and O'Brien are denied. (2) It is ORDERED that the motion to dismiss Plaintiff's Eighth Amendment claims against Defendants Haggerty, Gilara, and Carter are denied, but that the motion to dismiss Plaintiff's Eighth Amendment claims against the remaining Defendants (Hacherl, Dickey, McNaughton, Costanzo, Oberlander, and O'Brien) is granted. (3) It is ORDERED that Defendants' motion to dismiss Plaintiffs Conspiracy and First, Eighth and Fourteenth Amendment claims against Defendants Martucci, Hicks, Robinson and Clark is granted. (4) It is ORDERED that Defendants' motion to dismiss Plaintiffs claims for harassment, and inter ference with legal mail is denied. (5) It is ORDERED that Defendants' motion to dismiss Plaintiff's loss or destruction of property is granted. (6) It is ORDERED that the motion to dismiss filed by Defendants on October 26, 2016 (ECF No. 19 ) is denied as moot. The report and recommendation of Magistrate Judge Baxter, issued July 10, 2017, is adopted as the opinion of the court. Signed by Judge Kim R. Gibson on 9/26/2017. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

RHONSHA WN JACKSON,
Plaintiff,

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)
)

C.A. No. 1:16-cv-133

)
V.

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)

PA DEPARTMENT OF CORRECTIONS,
et al,
Defendants.

District Judge Kim R. Gibson
Magistrate Judge Susan Paradise Baxter

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)
)

MEMORANDUM ORDER
This prisoner civil rights action was received by the Clerk of Court on June 8, 2016, and was
referred to United States Magistrate Judge Susan Paradise Baxter

for report and recommendation in

accordance with the Magistrates Act, 28 U.S.C. § 636(b)(l), and Rules 72.1.3 and 72.1.4 of the Local
Rules for Magistrates. The magistrate judge's report and recommendation, issued on July 10, 2017,
recommended that Defendants' motion to dismiss (Dkt. 27) be granted in part and denied in part, and
that the motion to dismiss (Dkt. 19) be dismissed as moot. Service was made on Plaintiff by mail at SCI
Frackville, where he was incarcerated, and on Defendants.
recommendation were filed by Plaintiff on August 7, 2017.

Objections to the report and
After de novo review of the complaint and

documents in the case, and objections thereto, the following order is entered:
AND NOW, this

2(; +h

Day of September, 2017;

IT IS HEREBY ORDERED that Defendants' motion to dismiss [ECF No. 27] is granted

in part and denied in part as follows:
(1) It is ORDERED that the motion to dismiss Plaintiffs Conspiracy and First

Amendment claims against Defendants Carter, Hacher!, Haggerty, Dickey, McNaughton, Constanzo,
Gilara, Oberlander and O'Brien are denied.
(2) It is ORDERED that the motion to dismiss Plaintiffs Eighth Amendment claims
against Defendants Haggerty, Gilara, and Carter are denied, but that the motion to dismiss Plaintiffs
Eighth Amendment claims against the remaining Defendants (Hacher!, Dickey, McNaughton, Costanzo,
Oberlander, and O'Brien) is granted.
(3) It ORDERED that Defendants' motion to dismiss Plaintiffs Conspiracy and First,
Eighth and Fourteenth Amendment claims against Defendants Martucci, Hicks, Robinson and Clark is
granted.
(4) It is ORDERED that Defendants' motion to dismiss Plaintiffs claims for harassment, and
interference with legal mail is denied.
(5) It is ORDERED that Defendants' motion to dismiss Plaintiffs loss or destruction
of property is granted.
(6) It is ORDERED that the motion to dismiss filed by Defendants on October 26,
2016 (ECF No. 19) is denied as moot.

The report and recommendation of Magistrate Judge Baxter, issued July 10, 2017, is adopted as
the opinion of the court.

KIM R. GIBSON
United States District Judge

cc:

Susan Paradise Baxter
U.S. Magistrate Judge
all parties of record __