Opinion
2:20-CV-01376-CCW
08-05-2021
SHAMONE WOODS, Plaintiff, v. SGT BOWLIN, LT A.J. MORRIS, CO MISHLER, JOHN DOE, STATE CORRECTIONAL INSTITUTION GREENE, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, Defendants.
MEMORANDUM ORDER
Christy Criswell Wiegand United States District Judge
This case has been referred to United States Magistrate Judge Patricia L. Dodge for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(1)(A) and (B), and Local Rule of Civil Procedure 72.
On July 14, 2021, the Magistrate Judge issued a Report, ECF No. 45, recommending that Defendants' Motion to Dismiss Plaintiff's Amended Complaint, ECF No. 36, should be granted in part and denied in part. Service of the Report and Recommendation was made on Plaintiff, and no objections have been filed.
After a de novo review of the pleadings and documents in the case, together with the Report and Recommendation, it is hereby ORDERED that Defendants' Motion to Dismiss Plaintiff's Amended Complaint, ECF No. 36, is granted in part and denied in part as follows:
1. Defendants' Motion is GRANTED to the extent that it seeks the dismissal with prejudice of the DOC, SCI Greene and all official-capacity claims from this lawsuit;
2. Defendants' Motion is GRANTED to the extent that it seeks the dismissal with prejudice of Count 1 and Count 2;
3. Defendants' Motion is DENIED to the extent that it seeks the dismissal of the intentional infliction of emotional distress claim Plaintiff asserts against CO Mishler in Count 3; and
4. Defendants' Motion is DENIED to the extent that it seeks the dismissal of the retaliation claim Plaintiff raises against Lt. Morris in Count 4.
It is further ORDERED that the Magistrate Judge's Report and Recommendation, ECF No. 45, is adopted as the Opinion of the District Court.
IT IS SO ORDERED.