RODRIGUEZ v. BLAKER et al

Filing 8

ORDER adopting 7 Report and Recommendation. The Complaint is dismissed with prejudice as to all official capacity claims, and as against Defendants Jeffrey Beard and Louis Folino in their individual capacities but are dismissed without prejudice as to Defendant Earl Blaker in his individual capacity. Signed by Judge Mark R. Hornak on 3/7/12. (bdb)

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

WILLIAM R. RODRIGUEZ,

)

)

)

vs.
) Civil Action No. 11-1640

) Magistrate Judge Maureen P. Kelly

EARL E. BLAKER, Nurse Individual
)
Capacities; JEFFERY BEARD,
)
Director/commissioiner of the State of
)
Pennsylvania; L. FOLINO, Superintendent )
)
of S.C.!. Greene, Each defendant is sued
individually and in his official capacity,
)
Defendants. )

Plaintiff,

~ORDER

AND NOW, this

l

day of March, 2012, after the Plaintiff filed an

action in the above-captioned case, and after a Report and Recommendation was filed by the
United States Magistrate Judge granting the parties until February 13,2012, to file written
objections thereto, and no objections having been filed, and upon independent review of the
record, and upon consideration of the Magistrate Judge's Report and Recommendation, which is
adopted as the opinion of this Court,
IT IS HEREBY ORDERED that pursuant to the provisions of the Prison
Litigation Reform Act, the Complaint is dismissed before service for failure to state a claim upon
which relief can be granted. The Complaint is dismissed with prejudice as to all official
capacity claims, and as against Defendants Jeffrey Beard and Louis Folino in their individual
capacities but are dismissed without prejudice as to Defendant Earl Blaker in his individual
capacity.

IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(l) of the Federal Rules
of Appellate Procedure, if the plaintiff desires to appeal from this Order he must do so within
thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed. R. App. P.

~
MARK R. HORNAK
United States District Judge

cc:

Honorable Maureen P. Kelly
United States Magistrate Judge
William R. Rodriguez

JH-2538

SCI Greene

175 Progress Drive

Waynesburg, Pa 15370