WILLIAMS v. LITTLE et al

Filing 12

MEMORANDUM ORDER - it is Ordered that plaintiff's complaint is dismissed in part as recommended in the Report and Recommendation at ECF No. 16 , which is adopted as the opinion of the Court. The matter remains with the Magistrate Judge for further proceedings, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 10/27/2018. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ANTHONY WILLIAMS,
Plaintiff
v.
TIMOTHY LITTLE, et al.,
Defendants

:Case No. 3:18-cv-ll-KRG-KAP

Memorandum Order
This matter has been referred to Magistrate Judge Keith
A.

Pesto

for

pretrial

proceedings

in

accordance

with

the

Magistrates Act, 28 U.S.C.§ 636 and Local Civil Rule 72.
After

screening

the

complaint

and

amended

complaint

pursuant to the Prison Litigation Reform Act the Magistrate Judge
filed a Report and Recommendation on May 24,
recommending

that

the

complaint

be

dismissed

2018,
in

ECF no.

part

6,

without

further leave to amend and served on defendant Ginter. The claim
that the Magistrate Judge found to be adequately pleaded was one
for injunctive relief against future exposure to harmful levels of
environmental tobacco smoke (ETS).
The plaintiff was notified that pursuant to 28 U.S.C.§
636(b) (1), he had fourteen days to file written objections to the
Report

and

Recommendation.

liberally construed,

Plaintiff

filed

objections

that,

object to the dismissal of his former unit

managers on the grounds that he has stated a past injury ETS claim.

Plaintiff also asserts in conclusory fashion, ECF no. 7, Objections

15,

that he should be allowed to amend his complaint again.
After

de

nova

review of

the

record of

this

matter,

including the objections, and the Report and Recommendation insofar
as

it

applies

to

the

ETS

claims

and,

after

review under

the

"reasoned consideration" standard, see EEOC v. City of Long Branch,
866 F.3d 93, 100 (3d Cir.2017) (standard of review when no specific
objections

are

filed)

of

the

balance

of

the

Report

and

Recommendation, the following order is entered:
AND NOW, this

z7-lhday of October, 2018, it is

ORDERED that plaintiff's complaint is dismissed in part
as recommended in the Report and Recommendation at ECF no.

16,

which is adopted as the opinion of the Court. The matter remains
with the Magistrate Judge for further proceedings.
BY THE COURT:

KIM R. GIBSON,
UNITED STATES DISTRICT JUDGE
Notice by U.S. Mail to:
Anthony Williams AY-6759
S.C.I. Houtzdale
P.O. Box 1000
Houtzdale, PA 16698-1000
2