IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
September 13, 2012
JOSEPH NISH, ET AL., DEFENDANT
The opinion of the court was delivered by: (Judge Conner)
AND NOW, this 13th day of September, 2012, upon consideration of the Report and Recommendation of United States Magistrate Judge J. Andrew Smyser (Doc. 39), recommending that defendants' motion to dismiss (Doc. 22) the amended complaint be granted in part and denied in part, and, following an independent review of the record and noting that plaintiff filed objections*fn1 to the report on September 5, 2012 (Doc. 40), and the court finding Judge Smyser's analysis to be thorough and well-reasoned, and the court finding plaintiff's objections to be without merit and squarely addressed by Judge Smyser's report (Doc. 39), it is hereby ORDERED that:
1. Plaintiff's "supplement" complaint (Doc. 41) is STRICKEN from the record without prejudice. With the remand of this matter, the Honorable Magistrate Judge shall address any further requests for leave to amend which are properly supported in accordance with the rules of court. See Doc. 38.*fn2
2. The Report and Recommendation of Magistrate Judge Smyser (Doc. 39) are ADOPTED.
3. Defendants' motion to dismiss (Doc. 22) the amended complaint is GRANTED in part and DENIED in part.
a. The claims against defendants for damages in their official capacities are DISMISSED.
b. The due process and access-to-the-courts claims are DISMISSED.
c. The First Amendment claim is NOT DISMISSED.
4. The above-captioned case is REMANDED to Magistrate Judge Carlson for further proceedings.
CHRISTOPHER C. CONNER United States District Judge