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Frank Hyman v. Commissioner Louis Giorla

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


April 28, 2011

FRANK HYMAN,
PLAINTIFF
v.
COMMISSIONER LOUIS GIORLA, ET AL, DEFENDANTS

The opinion of the court was delivered by: Lawrence F. Stengel, J.

ORDER

AND NOW, this 28th day of April, 2011, upon careful and independent consideration of plaintiff's complaint, and after review of the Report and Recommendation of United States Magistrate Judge Linda K. Caracappa, IT IS HEREBY ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED in part as follows:

a. Plaintiff's denial of access to courts claim (Claim No. 1) is DISMISSED.

b. Plaintiff's individual and official capacity claims against Lieutenant Anderson and Corrections officers Dwayne Corley, Ryan Hoover, Rob Bubas, and Marshall are DISMISSED.

c. Plaintiff's Eighth Amendment claims against Warden Clyde Gainey, Deputy Warden Gerald May, and Captain Harmond in their official capacities for prospective injunctive relief shall remain.*fn1

d. Plaintiff's Eighth Amendment claims against Warden Clyde Gainey, Deputy Warden Gerald May, and Captain Harmond in their individual capacities for monetary damages shall remain.

2. Discovery on plaintiff's remaining claims shall be completed no later than July 29, 2011.

3. Any dispositive motions pursuant to Federal Rule of Civil Procedure 56 are to be filed no later than September 16, 2011.

BY THE COURT:

Lawrence F. Stengel


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