The opinion of the court was delivered by: Chief Judge Kane
(Magistrate Judge Blewitt)
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
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