BATES v. MORRIS et al

Filing 26

ORDER indicating that the Magistrate Judge's Report and Recommendation 24 is adopted as the Opinion of this Court; that the defendants' Motion to Dismiss 19 is granted in part and denied in part. The Motion is granted as to the claim of deliberate indifference to prison conditions/creation of unsafe conditions against Defendants Morris, Gagnon, and Watson (Count 3), the intentional infliction of emotional distress claim against Defendant Gagnon (Count 5), the negligence claim aga inst Defendant Watson (Count 7), and the retaliation claims against Defendants Morris and Gagnon (Counts 8 and 9). The Motion is denied as to the assault and battery claim against Defendant Morris (Count 2), the intentional infliction of emotional d istress claim against Defendant Morris (Count 5), and the claim of deliberate indifference to serious medical needs against Defendant Watson (Counts 4 and 6). The claim of excessive force against Defendant Morris (Count 1) also remains. Signed by Judge Nora Barry Fischer on 3/23/16. (jg)

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

KEVIN BATES,
Plaintiff,
v.
LIEUTENANT A.J. MORRIS, et al.,
Defendants.

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Civil Action No. 15 – 780
District Judge Nora Barry Fischer
Magistrate Judge Lisa Pupo Lenihan

ORDER
AND NOW, this 23rd day of March, 2016, after Plaintiff Kevin Bates having filed an
action in the above-captioned case, and after Defendants filed a Motion to Dismiss for Failure to
State a Claim on December 23, 2015, and after a Report and Recommendation was filed by the
United States Magistrate Judge on February 26, 2016 giving the parties until March 14, 2016 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. 19) is granted in part
and denied in part. The Motion is granted as to the claim of deliberate indifference to prison
conditions/creation of unsafe conditions against Defendants Morris, Gagnon, and Watson (Count
3), the intentional infliction of emotional distress claim against Defendant Gagnon (Count 5), the
negligence claim against Defendant Watson (Count 7), and the retaliation claims against
Defendants Morris and Gagnon (Counts 8 and 9). The Motion is denied as to the assault and
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battery claim against Defendant Morris (Count 2), the intentional infliction of emotional distress
claim against Defendant Morris (Count 5), and the claim of deliberate indifference to serious
medical needs against Defendant Watson (Counts 4 and 6). The claim of excessive force against
Defendant Morris (Count 1) also remains.
By the Court:

s/Nora Barry Fischer__
Nora Barry Fischer
United States District Judge
cc: Kevin Bates
KB-3514
SCI Benner Township
301 Institution Drive
Bellefonte, PA 16823
Counsel for Defendants
Via CM/ECF Electronic Mail

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