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Domingo Colon Montanez v. Pa Health Care Service Staffs

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


February 23, 2012

DOMINGO COLON MONTANEZ, PLAINTIFF,
v.
PA HEALTH CARE SERVICE STAFFS;
CHIEF COUNSEL STAFF; POLICY MAKER STAFFS; JEFFREY A. BEARD; ROBERT TRETINIK; MICHAEL HERBIK;) CHRISTOPHER MEYER; DARLA COWDEN; PAUL DONEGAN; ELLSWORTH; BONNIE RITTENHOUSE; MAIL ROOM PROPERTY ROOM STAFFS; MAIL ROOM STAFFS; ACCOUNTANT STAFFS; BUSINESS MANAGER; PROGRAM REVIEW COMMITTEE STAFFS (PRC), DEFENDANTS.

The opinion of the court was delivered by: Judge Joy Flowers Conti

Magistrate Judge Maureen P. Kelly

ORDER

AND NOW, this 22nd day of February, 2012, after the Plaintiff, Domingo Colon Montanez, filed an action in the above-captioned case, and after Motions to Dismiss were filed by defendants (ECF. Nos. 58, 64), and after a Report and Recommendation was filed by the United States Magistrate Judge granting the parties until January 3, 2012, to file written objections thereto, and upon consideration of Plaintiff's "Appeal," ECF No. 125, which has been treated as objections to the Report and Recommendation, and finding that Plaintiff's objections do not address the substance of the Report and Recommendation, and upon independent review of the record, and upon consideration of the Magistrate Judge=s Report and Recommendation, which is adopted as the opinion of this Court,

IT IS HEREBY ORDERED that Defendants' Motions to Dismiss are denied with respect to Plaintiff's Eighth Amendment and punitive damages claims.

IT IS FURTHER ORDERED that the Motions to Dismiss are granted with respect to Plaintiff's Fourth, Fifth and Fourteenth Amendment claims, as well as his claims pursuant to 42 U.S.C. §§ 1985 and 1986 and 18 U.S.C. §241 and 242.

IT IS FURTHER ORDERED that Plaintiff's claims against DOC Defendants, in their official capacities, are dismissed as barred by the sovereign immunity provisions of the Eleventh Amendment.

IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if the parties desire to appeal from this Order they must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed. R. App. P.

JOY FLOWERS CONTI United States District Judge

cc:

Honorable Maureen P. Kelly United States Magistrate Judge Domingo Colon Montanez

ED-3826

SCI Dallas 1000 Follies Road Dallas, PA 18612

All Counsel of Record by electronic filing

20120223

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