SHEPLER v. JEFFERSON COUNTY JAIL BROAD MEMBER et al
Filing
42
ORDER adopting Report and Recommendation. Defendants' Motion to Dismiss 27 is granted with prejudice with respect to Plaintiff's failure to protect claim and granted without prejudice with respect to Plaintiff's condition of confinem ent claim. Plaintiff is granted leave until February 14, 2014, to file an amended complaint to plead sufficient facts to state an Eighth Amendment claim with respect to the following two allegations: (i) that he developed a staph infect ion as a result of using improperly sanitized razors and nail clippers (ii) that he was denied access to water and restroom facilities during mandatory recreation time. In addition, Plaintiff's Motion for a Hearing 39 is denied. Signed by Judge Cathy Bissoon on 1/13/2014. (acs)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
SHANE LEE SHEPLER,
Plaintiff,
v.
JEFFERSON COUNTY JAIL BROAD
MEMBER, et al.,
Defendants.
)
)
)
)
)
)
)
)
Civil Action No. 13-521
District Judge Cathy Bissoon
Magistrate Judge Cynthia Eddy
MEMORANDUM ORDER
On April 11, 2013, this case was referred to United States Magistrate Judge Cynthia Eddy
for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and
(B), and Rules 72.C, 72.D and 72.G of the Local Rules for Magistrates. On December 11, 2013,
the magistrate judge issued a Report and Recommendation (Doc. 37) recommending that
Defendants’ Motion to Dismiss (Doc. 27) be granted with prejudice with respect to Plaintiff’s
failure to protect claim and granted without prejudice with respect to Plaintiff’s condition of
confinement claim. It was further recommended that Plaintiff be given thirty (30) days to amend
his complaint with respect to his condition of confinement claim. Service of the Report and
Recommendation was made on the parties and Plaintiff did not filed objections.1
After a de novo review of the pleadings and documents in the case, together with the
Report and Recommendation, the following Order is entered:
AND NOW, this 13th day of January, 2014,
1
On January 10, 2014, Plaintiff filed a Motion for a Hearing (Doc. 39). In his Motion, Plaintiff
requests a hearing to “show how the Jefferson County Jail Board and Warden Thomas Elbel
violated my constitutional rights[.]” The Court does not construe Plaintiff’s Motion as timely
filed Objections as Plaintiff does not reference the December 11, 2013 Report and
Recommendation in his filing. Instead, Plaintiff moves for a hearing to offer testimony of
alleged witnesses.
IT IS HEREBY ORDERED that the December 11, 2013 Report and Recommendation
(Doc. 37) is adopted as the opinion of the Court. Defendants’ Motion to Dismiss (Doc. 27) is
granted with prejudice with respect to Plaintiff’s failure to protect claim and granted without
prejudice with respect to Plaintiff’s condition of confinement claim. Plaintiff is granted leave
until February 14, 2014, to file an amended complaint to plead sufficient facts to state an Eighth
Amendment claim with respect to the following two allegations: (i) that he developed a staph
infection as a result of using improperly sanitized razors and nail clippers (ii) that he was denied
access to water and restroom facilities during mandatory recreation time. In addition, Plaintiff’s
Motion for a Hearing (Doc. 39) is denied.
s/ Cathy Bissoon
Cathy Bissoon
United States District Judge
cc:
All attorneys of record (via CM/ECF e-mail).
SHANE LEE SHEPLER
KX 8935
SCI Albion
10745 Route 18
Albion, PA 16475-0002
(via U.S. mail).
-2-
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