ADAMS v. SUPERINTENDENT CAMERON et al

Filing 57

ORDER - it is hereby Ordered that Defendants' Motion to Dismiss, ECF No. 42 , is granted in part and denied in part as follows: the Motion is granted as to Plaintiff's First Amendment retaliation claim and Plaintiff's Eighth Amendment excessive force claim as to all Defendants except the members of the Extraction Team, and denied in all other respects, and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 2/28/2017. (dlg)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA SHAUN DAVID ADAMS, ) ) Plaintiff, ) ) V. ) Civil Action No. 16-9 J District Judge Kim R. Gibson Chief Magistrate Judge Maureen P. Kelly ) SUPERINTENDENT CAMERON, DEPUTY J. CLOSE, DEPUTY HOLLIBAUGH, MAJOR MORRIS, MAJOR BARROWS, CAPTAIN RYDBUM, CAPTAIN MILLER, LT. KELLY, LT. GLASS, EXTRACTION TEAM# 1, EXTRACTION TEAM# 2, LT. JONES, SGT. CASHER, SGT. PORTIA, C/O MARTIN, C/O MCCLEARY, C/O PARKS, NURSING STAFF, and ALL CORRECTIONAL OFFICERS, ) ) ) ) ) ) ) ) ) ) Re: ECF No. 42 ) Defendants. ) h AND NOW, this 28+ ORDER day of February, 2017, after Plaintiff Shaun David Adams ("Plaintiff') filed an action in the above-captioned case, and after a Motion to Dismiss was filed by Defendants, and after a Report and Recommendation was filed by the Chief United States Magistrate Judge giving the parties until February 21, 2017, to file written objections thereto, and no Objections having been filed, and upon independent review of the record, and upon consideration of the Chief 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. 42, is granted in part and denied in part as follows: the Motion is granted as to Plaintiffs First Amendment 1 retaliation claim and Plaintiffs Eighth Amendment excessive force claim as to all Defendants except the members of the Extraction Team, and denied in all other respects. BY THE COURT: ~le KIM R. GIBSON UNITED STATES DISTRICT JUDGE cc: Honorable Maureen P. Kelly Chief United States Magistrate Judge Shaun David Adams GW-1461 SCI Camp Hill P.O. Box 8837 2500 Lisburn Road Camp Hill, PA 17001-8837 All Counsel of Record Via CM-ECF 2

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