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Daryl T'wain Gibson, Sr v. Steelton Police Dept.

August 27, 2012

DARYL T'WAIN GIBSON, SR., PLAINTIFF
v.
STEELTON POLICE DEPT., ET AL.,
DEFENDANTS



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

(Magistrate Judge Blewitt)

ORDER

THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:

On August 7, 2012, Magistrate Judge Blewitt issued a Report and Recommendation, wherein he recommends that Plaintiff's complaint be dismissed in part pursuant to the screening requirements of the Prison Litigation Reform Act, 28 U.S.C. § 1915(e). (Doc. No. 9.) No timely objections have been filed.

ACCORDINGLY, on this 27th day of August 2012, IT IS HEREBY ORDERED THAT:

1. Magistrate Judge Blewitt's Report and Recommendation (Doc. No. 9) is ADOPTED;

2. Plaintiff's Fourteenth Amendment failure-to-protect claim against Defendants Arthur G. Etnoyer and David Crawford is ALLOWED TO PROCEED;

3. Plaintiff's claims against Defendants Etnoyer and Crawford, in their official capacities, are DISMISSED WITH PREJUDICE;

4. Plaintiff's claims against Defendant Steelton Police Department are DISMISSED WITH PREJUDICE, and the Clerk of Court is directed to TERMINATE Defendant Steelton Police Department from this action;

5. Plaintiff is granted leave to file an amended complaint to raise a municipal liability claim against the Borough of Steelton, pursuant to Monell v. Department of Social Services of City of New York, 436 U.S. 658 (1978), within twenty-one days of the date of this order; and

6. All further proceedings in this matter are referred to Magistrate Judge Blewitt.

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

20120827

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