REID-DOUGLAS et al v. WETZEL et al

Filing 55

ORDER indicating that the Magistrate Judge's Report and Recommendation 53 is adopted as the opinion of this Court; that the Defendants' Motion to Dismiss 41 , is granted; that Plaintiff Daliyl Muhammad's Motion to Vacate Order [37 ] and Plaintiff Steven Reid-Douglas's Motions for an Order Enjoining Defendants to Allow Co-Plaintiff Scott to Visit Plaintiff Reid-Douglas at SCI-Greene for the Purpose of this Litigation ( 46 and 52 , are denied as moot; that, pursuant to R ule 4(a)(1) of the Federal Rules of Appellate Procedure, if any party wishes to appeal from this Order a notice of appeal, as provided in Fed. R. App. P. 3, must be filed with the Clerk of Court, United States District Court, at 700 Grant Street, Room 3110, Pittsburgh, PA 15219, within thirty (30) days. Signed by Judge Nora Barry Fischer on 6/23/15. (jg)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA STEVEN REID-DOUGLAS; THOMAS SCOTT; DALIYL MUHAMMAD, Plaintiffs, ) ) ) ) vs. ) ) ) JOHN WETZEL Secretary of Corrections ) of the Pennsylvania Department of ) Corrections; JAMES BARNACLE ) Director of the Office of Special ) Investigation and Intelligence; DAVID ) PITKINS Deputy Secretary of the Western ) Region of Pennsylvania’s Department of ) Corrections; ERIN BROWN Chief of ) Background Investigations of the ) Pennsylvania Department of Corrections; ) JOANNE TORMA Director of the Office of ) Population Management of the PA DOC; ) VICTOR MIRARCHI Chief of Security ) within DOC; DIANA WOODSIDE ) Director of Policy and grants for the PA ) DOC; SHAWN KEPHART Director of the ) Bureau of Treatment Services of the PA ) DOC; ROBIN LEWIS Deputy Chief ) Counsel for Hearings and Appeals of the PA) DOC; LORRINDA WINFIELD Deputy ) Superintendent for Facilities Management ) At SCI Greene; CAPT TANNER Security ) Captain; WALLACE LEGGETT Major of ) Unit Management at SCI Greene; CRAIG ) HAYWOOD Major of Unit Management at ) SCI Greene; Officer LECHNER; ) SCI-GREENE SECURITY DEPARTMENT;) LOUIS FOLINO Superintendent of SCI ) Greene; G. BAKER; CO T. JOHNSON; ) COL RAMBLER; COL. HARKLEROAD; ) C.O. COY, ) Defendants. ) Civil Action No. 15-533 Judge Nora Barry Fischer/ Chief Magistrate Judge Maureen P. Kelly Re: ECF Nos 37, 41, 46 and 52 ORDER AND NOW, this 22nd day of June, 2015, after Plaintiffs Steven Reid-Douglas, Thomas Scott and Daliyl Muhammad filed an action in the above-captioned case, and after a Motion to Dismiss was filed by Defendants, and after a Report and Recommendation was filed by the United States Magistrate Judge giving the parties until June 15, 2015 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 the Motion to Dismiss, ECF No. 41, is granted. IT IS FURTHER ORDERED that Plaintiff Daliyl Muhammad’s Motion to Vacate Order, ECF No. 37, and Plaintiff Steven Reid-Douglas’s Motions for an Order Enjoining Defendants to Allow Co-Plaintiff Scott to Visit Plaintiff Reid-Douglas at SCI-Greene for the Purpose of this Litigation, ECF Nos. 46 and 52, are denied as moot. IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if any party wishes to appeal from this Order a notice of appeal, as provided in Fed. R. App. P. 3, must be filed with the Clerk of Court, United States District Court, at 700 Grant Street, Room 3110, Pittsburgh, PA 15219, within thirty (30) days. By the Court: /s/ Judge Nora Barry Fischer United States District Judge 2 cc: Honorable Maureen P. Kelly Chief United States Magistrate Judge Steven Reid-Douglas JH-8196 SCI Greene 175 Progress Drive Waynesburg, PA 15370 Thomas Scott KD-9349 SCI Greene 175 Progress Drive Waynesburg, PA 15370 Daliyl Muhammad GB-0883 SCI Fayette Special Mail-Open Only in Presence of Inmate P.O. Box 999 LaBelle, PA 15450-0999 All Counsel of Record Via CM-ECF 3

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