JONES v. WARDEN J.E. THOMAS et al

Filing 55

ORDER - IT IS HEREBY ORDERED that Defendants' Motion to Dismiss, ECF No. 35 , is DENIED as to the claims against Defendant Sposato and GRANTED as to the claims against Defendant Hite without prejudice to Plaintiff's ability to file, within twenty (20) days of the date of this Order, a second Amended Complaint in which Plaintiff shall set forth all desired allegations and claims against all parties. 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, and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 2/27/2017. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
BYRON JONES,
Plaintiff,

)
)
)

vs.
CASE MANAGER SPOSATO Loretto
Camp and COUNSELOR HITE Loretto
Camp,
Defendants.

)
)
)
)
)

Civil Action No. 14-260J
Judge Kim R. Gibson/
Magistrate Judge Maureen P. Kelly
Re: ECF No. 35

)

ORDER

("Plaintiff'') filed an action in the above-captioned cas , and after a Motion to Dismiss was filed
by Defendants, ECF No. 35, and after a Report and Recommendation was filed by the Chief
United States Magistrate Judge, ECF No. 53, and upon considerations of the Objections filed by
Plaintiff, ECF No. 54, 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 Defendants' Motion to Dismiss, ECF No. 35, is
DENIED as to the claims against Defendant Sposato and GRANTED as to the claims against
Defendant Hite without prejudice to Plaintiff's ability to file, within twenty (20) days of the date
of this Order, a second Amended Complaint in which Plaintiff shall set forth all desired allegations
and claims against all parties.
IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(l) 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.

Kim R. Gibson
United States District Judge

cc:

The Honorable Maureen P. Kelly, Chief United States Magistrate Judge
BYRON JONES
09702-058
FCI Fort Dix
P.O. Box 2000
Fort Dix, NJ 08640
Counsel of record via CM-ECF

2