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Peeples v. Federal Bureau of Prisons

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


June 28, 2010

JOE WALLACE PEEPLES, III, PLAINTIFF
v.
FEDERAL BUREAU OF PRISONS, ET AL., DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 28th day of June, 2010, upon consideration of the report of the Magistrate Judge (Doc. 11), to which objections were filed (Doc. 12), recommending that the claims of plaintiff Joe Wallace Peeples, III, ("Peeples"), be dismissed in part and remanded in part for further proceedings, and, following an independent review of the record, it appearing that Peeples alleges several injuries falling generally within the ambit of the Eighth Amendment,*fn1 and that Peeples has adequately stated claims*fn2 against defendants Gallick*fn3 and Matlack,*fn4 in their individual capacities, and that Peeples may be able to cure defects in his claim for denial of medical care,*fn5 but that defendant Federal Bureau of Prisons is immune from suit, see Doc. 11 at 9, and that Peeples releases defendant Martinez from this action (see Doc. 12 at 1), and the court concluding that none of Peeples' remaining allegations state a claim,*fn6 and that Peeples has not demonstrated that he is entitled to a hearing, it is hereby ORDERED that:

1. The report of the Magistrate Judge (Doc. 11) is ADOPTED in part and REJECTED in part as follows:

a. REJECTED insofar as it pertains to defendant Matlack, and

b. ADOPTED in all other respects.

2. All claims against defendant Federal Bureau of Prisons are DISMISSED with prejudice.

3. All claims against defendant Martinez are DISMISSED without prejudice.

4. The motion (Doc. 15) for a hearing is DENIED.

5. The above-captioned case is REMANDED to the Magistrate Judge for further proceedings.

CHRISTOPHER C. CONNER United States District Judge


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