Opinion
No. 3:CV-12-1317
09-10-2012
KARIEM MATHIS, Plaintiff, v. DAUPHIN CO. PRISON, et al., Defendants.
(JUDGE CAPUTO)
(MAGISTRATE JUDGE BLEWITT)
ORDER
NOW this 10th day of September, 2012, upon review of the Report and Recommendation of Magistrate Judge Thomas M. Blewitt (Doc. 12) for plain error or manifest injustice, IT IS HEREBY ORDERED that:
(1) The Report and Recommendation (Doc.12.) is ADOPTED in its entirety.
(2) Plaintiffs claim for money damages against all Defendants in their official capacities is DISMISSED WITH PREJUDICE .
(3) Defendant Dauphin County Prison is DISMISSED WITH PREJUDICE from this action.
(4) Plaintiffs Eighth Amendment failure to protect claim against Defendants DeRose, Nichols, and Carroll is DISMISSED WITHOUT PREJUDICE.
(5) Plaintiff may PROCEED on his Eighth Amendment failure to protect claim against Defendants Cryder, Hoose, and Weikel.
(6) Plaintiff may PROCEED on his Eighth Amendment excessive force claim against Defendants Frankenstein, Lieutenant Smith, and Sergeant Smith.
(7) This matter is RECOMMITTED to Magistrate Judge Blewitt.
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A. Richard Caputo
United States District Judge