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Damon Chappelle v. David Varano

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


October 18, 2011

DAMON CHAPPELLE,
PLAINTIFF
v.
DAVID VARANO, MICHELLE KODACK, DEBORAH HERBST, MR. DUNN, MS. FOULDS, JOHN DOE, JANE DOE 1 AND JANE DOE 2, DEFENDANTS

The opinion of the court was delivered by: (Judge Conner)

ORDER

AND NOW, this 18th day of October, 2011, upon consideration of the Report and Recommendation of United States Magistrate Judge Mildred E. Methvin (Doc. 18), recommending that defendants' motion to dismiss (Doc. 7) be granted in part and denied in part, and, following an independent review of the record, it appearing that neither party has objected to the magistrate judge's report and recommendation, and that there is no clear error on the face of the record,*fn1 see Nara v. Frank, 488 F.3d 187, 194 (3d Cir. 2007) (explaining that "failing to timely object to [a report and recommendation] in a civil proceeding may result in forfeiture of de novo review at the district court level"), it is hereby ORDERED that:

1. The Report and Recommendation of Magistrate Judge Methvin (Doc. 18) are ADOPTED.

a. Defendants' motion to dismiss (Doc. 7) is GRANTED as to all movants on the Eighth Amendment claim insofar as it arises out of Chappelle's alleged missed opportunity to be released to a halfway house in February 2009; and

b. Defendants' motion to dismiss (Doc. 7) is DENIED as to all movants on the Eighth Amendment claim insofar as it arises out of the time Chappelle spent at SCI Coal on and after April 14, 2009.

CHRISTOPHER C. CONNER United States District Judge


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