ADAMS v. GLASS et al

Filing 46

ORDER - it is hereby Ordered that, as to Defendant Boyer, the Motion to Dismiss, ECF No. 22 , is DENIED. IT IS FURTHERED ORDERED that as to Defendant Glass, the Motion to Dismiss, ECF No. 22 , is GRANTED without prejudice to Plaintiff's abilit y to file, within twenty (20) days of the date of this Order, an Amended Complaint curing the defects identified herein and setting forth all desired allegations and claims against all parties, and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 7/20/2017. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
SHAUN DAVID ADAMS,
Plaintiff,
v.
LIEUTENANT GLASS, CORRECTIONAL
OFFICER BOYER, SGT. SHANE RYEN,
CIO JOHN BURGH, C/O RANDOLPH
STRICKLAND, C/O JEFFREY SHAFFER,
and C/O DONALD FARABAUGH,
Defendants.

SHAUN DAVID ADAMS,
Consolidated Plaintiff,
v.
LIEUTENANT GLASS, CORRECTIONAL
OFFICER BOYER, and JOHN DOES,
Officers posted in the North Yard of SCI
Houtzdale on 11101114 at 1:00-2:30 pm,
Consolidated Defendants.

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Civil Action No. 3: 16-cv-218
Judge Kim R. Gibson/
Chief Magistrate Judge Maureen P. Kelly
LEAD CASE
Re: ECF No. 22

Civil Action No. 3: 16-cv-228
Judge Kim R. Gibson/
Chief Magistrate Judge Maureen P. Kelly
MEMBER CASE

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ORDER

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AND NOW, this

2Q

day of

r

2017, after Plaintiff Shaun David Adams

("Plaintiff') filed an action in the above-cap ioned case, and after a Motion to Dismiss was filed
by Defendants Lieutenant Glass and Correctional Officer Boyer ("Defendants"), ECF No. 22,
and after a Report and Recommendation was filed thereupon by the Chief United States
Magistrate Judge, ECF No. 45, and no Objections thereto having been filed, 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, as to Defendant Boyer, the Motion to Dismiss, ECF No.
22, is DENIED. IT IS FURTHERED ORDERED that as to Defendant Glass, the Motion to
Dismiss, ECF No. 22, is GRANTED without prejudice to Plaintiffs ability to file, within twenty
(20) days of the date of this Order, an Amended Complaint curing the defects identified herein
and setting forth all desired allegations and claims against all parties.

BY THE COURT:

~~

Kim R. Gibson
United States District Judge

cc:

The Honorable Maureen P. Kelly, Chief United States Magistrate Judge
Shaun David Adams
GW-1461
SCI Coal Township
1 Kelly Drive
Coal Township, PA 17866
All counsel of record via CM-ECF

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