SLOAN v. HAINSWORTH et al

Filing 32

MEMORANDUM ORDER - it is hereby Ordered that Defendants motion to dismiss 14 is granted in part and denied in part. The motion to dismiss is granted as to the access to courts claims as presently pled. Plaintiff will be allowed to amend his compl aint to more fully state the access claims and to allege the involvement of each Defendant. Furthermore, the motion to dismiss is granted as to state law claims of aiding and abetting, due process, and conspiracy. Plaintiff will not be allowed to a mend his complaint as to these claims. The motion to dismiss is denied as to the federal conspiracy claim and the retaliation claim. Plaintiff's motion for sanctions 20 is dismissed, as there is no basis for the imposition of sanctions. Thi s filing is liberally construed as an opposition brief; 30 Report and Recommendation of Magistrate Judge Baxter, dated 1/21/2016, is adopted as the opinion of the Court, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 2/10/2016. (dlg)

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

AARON SLOAN,
Plaintiff,
V.

MELISSA HAINSWORTH, et al,
Defendants.

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C.A. No. 3:14-cv-249

MEMORANDUM ORDER
This prisoner civil rights action was received by the Clerk of Court on November 14, 2014, and
was referred to United States Magistrate Judge Susan Paradise Baxter

for report and

recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules
72.1.3 and 72.1.4 of the Local Rules for Magistrates. The magistrate judge's report and
recommendation, filed on January 21, 2016, recommended that Defendants motion to dismiss
[14] be granted in part and denied in part. The motion to dismiss should be granted as to the
access to courts claims as presently pled, but Plaintiff should be allowed to amend his complaint
to more fully state the access claims and to allege the involvement of each Defendant.
Furthermore, the motion to dismiss should be granted as to state law claims of aiding and
abetting, due process, and conspiracy. Plaintiff should not be allowed to amend his complaint as
to these claims. The motion to dismiss should be denied as to the federal conspiracy claim and
the retaliation claim. It is further recommended that Plaintiffs motion for sanctions [20] be
dismissed as there is no basis for the imposition of sanctions and this filing is liberally construed
as an opposition brief.

Service was made on Plaintiff by mail at SCI Greene, where he is

incarcerated, and on Defendants. Objections were filed by the Plaintiff on February 1, 2016.
After de novo review of the petition and documents in the case, together with the report and
recommendation and objections thereto, the following order is entered:

AND NOW, this

\0~h Day ofFebruary, 2016;

IT IS HEREBY ORDERED that Defendants motion to dismiss [14] is granted in part and
denied in part. The motion to dismiss is granted as to the access to courts claims as presently
pled. Plaintiff will be allowed to amend his complaint to more fully state the access claims and to
allege the involvement of each Defendant. Furthermore, the motion to dismiss is granted as to
state law claims of aiding and abetting, due process, and conspiracy. Plaintiff will not be allowed
to amend his complaint as to these claims. The motion to dismiss is denied as to the federal
conspiracy claim and the retaliation claim. Plaintiff's motion for sanctions [20] is dismissed, as
there is no basis for the imposition of sanctions. This filing is liberally construed as an opposition
brief.

The report and recommendation of Magistrate Judge Baxter, dated January 21, 2016, is
adopted as the opinion of the court.

KIM R. GIBSON
United States District Judge

cc:

Susan Paradise Baxter
U.S. Magistrate Judge
all parties of record __