ROSA-DIAZ v. OVERMYER et al

Filing 45

MEMORANDUM ORDER - IT IS HEREBY ORDERED that the motion to sever [ECF No. 23 ] and the motion for joinder as to the motion to sever [ECF No. 40 ] are GRANTED. It is further ORDERED that this action be severed. The factual allegations and legal clai ms at Paragraphs 47-143 shall remain in the instant action. All remaining claims are dismissed from this action. Because only Defendants CO Friedline, CO Schlemmer, Lt. Heffernan, Siegel, Captain Mongelluzzo, Overmyer, J.A. Horton, and Varner are men tioned in Paragraphs 47-143, the Clerk is ORDERED to terminate all other Defendants from this docket. The report and recommendation of Magistrate Judge Baxter, dated May 10, 2017, is adopted as the opinion of the court, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 5/19/2017. (dlg)

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

GABRIEL ROSA-DIAZ,
Plaintiff,
V.

M. OVEMYER, et al,
Defendants.

)
)
)
)
)
)
)

C.A. No. 16-155 Erie

MEMORANDUM ORDER
This prisoner civil rights action was received by the Clerk of Court on June 21, 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, filed on May 10, 2017, recommended that the motion to sever [ECF No. 23]
and the motion for joinder as to the motion to sever [ECF No. 40] be granted. It was further
recommended that this action be severed. The factual allegations and legal claims at if if 47-143
should remain in the instant action. All remaining claims should be dropped from this action.
Because only Defendants CO Friedline, CO Schlemmer, Lt. Heffernan, Siegel, Captain
Mongelluzzo, Overmyer, J.A. Horton, and Varner are mentioned in if if 47-143, all other
Defendants should be terminated from this docket. Service was made on Plaintiff by mail at SCI
Camp Hill, where he is incarcerated, and on Defendants. Objections were filed by the Plaintiff on

May 18, 2017.

After de novo review of the petition and documents in the case, together with

the report and recommendation and objections thereto, the following order is entered:

AND NOW, this

19-J-h

Day of May, 2017;

IT IS HEREBY ORDERED that the motion to sever [ECF No. 23] and the motion for
joinder as to the motion to sever [ECF No. 40] are GRANTED. It is further ORDERED that this
action be severed. The factual allegations and legal claims at~~ 47-143 shall remain in the instant
action. All remaining claims are dismissed from this action. Because only Defendants CO
Friedline, CO Schlemmer, Lt. Heffernan, Siegel, Captain Mongelluzzo, Overmyer, J.A. Horton,
and Varner are mentioned in ~ ~ 4 7-14 3, the Clerk is 0 RD ERED to terminate all other Defendants
from this docket.

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

/

cc:

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

KIM R. GIBSON
United States District Judge