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Kenneth Murchison v. Warden

June 11, 2012

KENNETH MURCHISON, PLAINTIFF,
v.
WARDEN, BRIAN BLEDSOE, ET AL.,
DEFENDANTS.



The opinion of the court was delivered by: Judge Caputo

(MAGISTRATE JUDGE BLEWITT)

ORDER

NOW this 11th day of June, 2012, after consideration of Magistrate Judge Thomas M. Blewitt's Report and Recommendation in this matter (Doc. 22), IT IS HEREBY ORDERED THAT the Report and Recommendation is ADOPTED IN PART AND REJECTED IN PART as follows:

1. Plaintiffs claims are DISMISSED except for his Eighth Amendment claim for denial of proper medical care against Defendants PA Potter and Dr. Pigos which shall be allowed to proceed;

2. Plaintiff may file a second amended complaint within forty-five (45) days from the date of this Order, containing only: (1) an Eighth Amendment claim for denial of proper medical care against Defendants PA Potter and Dr. Pigos; (2) an Eighth Amendment conditions of confinement claim; (3) a claim against Defendant Warden Bledsoe and Unnamed Administrative Remedy Coordinators for "forced cell mating;" (4) a First Amendment denial of access to courts claim; and (5) a claim under the FTCA;

3. Plaintiff's Motion for Enforcement of Recommitment Order (Doc. 20) is deemed MOOT; and

4. Plaintiff's Motion to Supplement (Doc. 21) is DENIED.

5. This mater is RECOMMITTED to Magistrate Judge Blewitt for further proceedings.

A. Richard Caputo United States District Judge

20120611

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