Opinion
Civil Action No. 3:16-cv-218 LEAD CASE Civil Action No. 3:16-cv-228 MEMBER CASE
07-20-2017
SHAUN DAVID ADAMS, Plaintiff, v. LIEUTENANT GLASS, CORRECTIONAL OFFICER BOYER, SGT. SHANE RYEN, C/O 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 11/01/14 at 1:00-2:30 pm, Consolidated Defendants.
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Chief Magistrate Judge Maureen P. Kelly Re: ECF No. 22 ORDER
AND NOW, this 20th day of July, 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 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 Plaintiff's 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:
/s/_________
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