Opinion
Civil Action No. 09-1547
02-23-2012
DOMINGO COLON MONTANEZ, Plaintiff, v. PA HEALTH CARE SERVICE STAFFS; CHIEF COUNSEL STAFF; POLICY MAKER STAFFS; JEFFREY A. BEARD; ROBERT TRETINIK; MICHAEL HERBIK; CHRISTOPHER MEYER; DARLA COWDEN; PAUL DONEGAN; ELLSWORTH; BONNIE RITTENHOUSE; MAIL ROOM PROPERTY ROOM STAFFS; MAIL ROOM STAFFS; ACCOUNTANT STAFFS; BUSINESS MANAGER; PROGRAM REVIEW COMMITTEE STAFFS (PRC), Defendants.
Judge Joy Flowers Conti
Magistrate Judge Maureen P. Kelly
ORDER
AND NOW, this 22nd day of February, 2012, after the Plaintiff, Domingo Colon Montanez, filed an action in the above-captioned case, and after Motions to Dismiss were filed by defendants (ECF. Nos. 58, 64), and after a Report and Recommendation was filed by the United States Magistrate Judge granting the parties until January 3, 2012, to file written objections thereto, and upon consideration of Plaintiff's "Appeal," ECF No. 125, which has been treated as objections to the Report and Recommendation, and finding that Plaintiff's objections do not address the substance of the Report and Recommendation, 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 Defendants' Motions to Dismiss are denied with respect to Plaintiff's Eighth Amendment and punitive damages claims.
IT IS FURTHER ORDERED that the Motions to Dismiss are granted with respect to Plaintiff's Fourth, Fifth and Fourteenth Amendment claims, as well as his claims pursuant to 42 U.S.C. §§ 1985 and 1986 and 18 U.S.C. §241 and 242.
IT IS FURTHER ORDERED that Plaintiff's claims against DOC Defendants, in their official capacities, are dismissed as barred by the sovereign immunity provisions of the Eleventh Amendment.
IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if the parties desire to appeal from this Order they must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed. R. App. P.
___________________________
JOY FLOWERS CONTI
United States District Judge
cc: Honorable Maureen P. Kelly
United States Magistrate Judge
Domingo Colon Montanez
ED-3826
SCI Dallas
1000 Follies Road
Dallas, PA 18612
All Counsel of Record by electronic filing