DESHIELDS v. GILMORE et al
Filing
36
ORDER adopting Report and Recommendations re 29 Report and Recommendations filed on March 19, 2018, by Magistrate Judge Eddy, as supplemented. It is further ORDERED that 17 Motion for Judgment on the Pleadings is GRANTED. Accordingly, all cl aims asserted against defendants in their respective official capacities are hereby DISMISSED with prejudice based on Eleventh Amendment immunity and all claims asserted against defendants Gilmore and Filitsky in their individual capacities are hereby DISMISSED without prejudice. Signed by Chief Judge Joy Flowers Conti on 7/23/2018. (smc)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ROBERT DeSHIELDS,
)
)
Plaintiff,
)
)
v.
)
)
ROBERT GILMORE, MICHAEL ZAKEN, )
MARK DIALESANDRO,
)
OFFICER ALBAN, REBEKAH
)
FILITSKY, SHELLY MANKEY,
)
S. LONGSTRETH, and MS. CONGELIO, )
All sued in their Individual and Official
)
Capacity,
)
)
Defendants.
Civil Action No. 2: 17-cv-0784
United States Chief Judge
Joy Flowers Conti
ORDER
AND NOW, this 23rd day of July, 2018, it is hereby ORDERED, ADJUDGED AND
DECREED that for the reasons set forth in the accompanying memorandum opinion, the report
and recommendation (ECF No. 29) filed on March 19, 2018, by Magistrate Judge Eddy is
adopted, as supplemented, as the opinion of the court.
It is further ORDERED the motion for judgment on the pleadings (ECF No. 17) will be
GRANTED. Accordingly, all claims asserted against defendants in their respective official
capacities are hereby DISMISSED with prejudice based on Eleventh Amendment immunity and
all claims asserted against defendants Gilmore and Filitsky in their individual capacities are
hereby DISMISSED without prejudice.
IT IS FURTHER ORDERED that this matter is remanded back to the magistrate judge
for all further pretrial proceedings.
BY THE COURT:
/s/ Joy Flowers Conti
Joy Flowers Conti
Chief United States District Judge
cc:
ROBERT DESHIELDS
CW-5906
SCI Coal Twp
1 Kelly Drive
Coal Township, PA 17866
(via U.S. First Class Mail)
Scott A. Bradley
Office of the Attorney Genera
(via ECF electronic notification)
2
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