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Dawn Marie Ball v. C.O. Hill

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


December 21, 2011

DAWN MARIE BALL,
PLAINTIFF
v.
C.O. HILL, ET AL., DEFENDANTS

The opinion of the court was delivered by: Chief Judge Kane

(Magistrate Judge Carlson)

ORDER

NOW, on this 21st day of December 2011, IT IS HEREBY ORDERED THAT upon a de novo review of Magistrate Judge Carlson's October 13, 2011 Report and Recommendation (Doc. No. 62) and Plaintiff Dawn Marie Ball's objections thereto*fn1 (Doc. Nos. 64, 65), the Report and Recommendation (Doc. No. 62) is ADOPTED and Defendants' motions to dismiss (Doc. Nos. 43, 45) are GRANTED IN PART AND DENIED IN PART AS FOLLOWS:

1. All official capacity damages claims are DISMISSED;

2. Superintendant Lamas, Major Bechdel, Deputy Shepler, Captain Robenolt, Captain Craver, Captain Moser, and Grievance Coordinator Troy Edwards are DISMISSED;

3. The motion to dismiss is DENIED in all other respects without prejudice to the submission of a subsequent more thoroughly documented dispositive motion.

Yvette Kane

Yvette Kane, Chief Judge United States District Court Middle District of Pennsylvania


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