COULSTON v. GLUNT et al

Filing 63

MEMORANDUM ORDER - IT IS HEREBY ORDERED that Defendants' Partial Motion to Dismiss (ECF No. 50 ) is GRANTED as follows: (1) Defendants Glunt, Beard, Close, Kessling, Sawtelle, Macintyre, Williams and Varner are dismissed for lack of personal in volvement; (2) Plaintiff's claim for money damages against the Defendants in their official capacities is dismissed because of Eleventh Amendment immunity; (3) Plaintiff's due process claim against Defendant Reed is dismissed for failure to state a claim and Defendant Reed is dismissed for lack of personal involvement to the extent Plaintiff asserts additional claims against him. IT IS FURTHER ORDERED that Defendant John Doe is dismissed because there are no allegations directed at hi m in Plaintiff's Second Amended Complaint. IT IS FURTHER ORDERED that Plaintiff's claims against Defendants Domanick, Rosenbaum and Hollibaugh remain pending. IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 58 ) is ADOP TED as the opinion of the Court. AND IT IS FURTHER ORDERED that this case is remanded back to the magistrate judge for all further pretrial proceedings, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 2/28/2014. (dlg)

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

TROY COULSTON,
Plaintiff,
V.

STEVEN GLUNT, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

Civil Action No. 12- 154J
District Judge Kim R. Gibson
Chief Magistrate Judge Lisa Pupo Lenihan

MEMORANDUM ORDER

This matter is before the Court on Defendants' Partial Motion to Dismiss (ECF No. 50)
and the magistrate judge's Report and Recommendation (ECF No. 58), recommending that
Defendants' Motion be granted on the grounds asserted therein. She further recommends that
Defendant John Doe be dismissed because there are no allegations directed at him in Plaintiffs
Second Amended Complaint.
The parties were served with the Report and Recommendation and informed that they
had until February 24, 2014 to file written Objections. Plaintiff submitted Objections that were
filed on February 27, 2014; but, because he mailed them on February 24, 2014, they are
considered timely pursuant to the prison mailbox rule. See Houston v. Lack, 487 U.S. 266
(1988) (a prisoner's pro se pleading is deemed filed when delivered to prison officials for
mailing).
The Court has reviewed Plaintiffs Objections and finds that they do not undermine the
recommendation of the magistrate judge. Therefore, after de novo review of the pleadings and

documents in the case, together with the Report and Recommendation, and the Objections

+h

thereto, the following order is entered.
AND NOW,

this~ day of February, 2014,

IT IS HEREBY ORDERED that Defendants' Partial Motion to Dismiss (ECF No. 50)

is GRANTED as follows: (1) Defendants Glunt, Beard, Close, Kessling, Sawtelle, Macintyre,
Williams and Varner are dismissed for lack of personal involvement; (2) Plaintiffs claim for
money damages against the Defendants in their official capacities is dismissed because of
Eleventh Amendment immunity; (3) Plaintiffs due process claim against Defendant Reed is
dismissed for failure to state a claim and Defendant Reed is dismissed for lack of personal
involvement to the extent Plaintiff asserts additional claims against him.
IT IS FURTHER ORDERED that Defendant John Doe is dismissed because there are

no allegations directed at him in Plaintiffs Second Amended Complaint
IT IS FURTHER ORDERED that Plaintiffs claims against Defendants Domanick,

Rosenbaum and Hollibaugh remain pending.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 58) is
ADOPTED as the opinion ofthe Court.
AND IT IS FURTHER ORDERED that this case is remanded back to the magistrate

judge for all further pretrial proceedings.

'M_~
Kim R. Gibson
United States District Judge

cc: Troy Coulston
2

BK-3534
SCI Houtzdale
P.O. Box 1000
Houtzdale, PA 16698
(Via First Class Mail)
Counsel of Record
(Via ECF Electronic Mail)

3