IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
May 14, 2013
LEBANON COUNTY PRISON PA, ET AL., DEFENDANTS
The opinion of the court was delivered by: (Judge Conner)
AND NOW, this 14th day of May, 2013, upon consideration of the Report and Recommendation of United States Magistrate Judge Thomas M. Blewitt (Doc. 8), recommending that (1) Defendant Lebanon County Prison PA be dismissed with prejudice, (2) Plaintiff's official capacity damages request be dismissed with prejudice, and (3) Plaintiff's Fourteenth Amendment equal protection claim be dismissed without prejudice, and, following an independent review of the record, it appearing that neither party has objected to the magistrate judge's report and recommendation, and that there is no clear error on the face of the record,*fn1 see Nara v. Frank, 488 F.3d 187, 194 (3d Cir. 2007) (explaining that "failing to timely object to [a report and recommendation] in a civil proceeding may result in forfeiture of de novo review at the district court level"), it is hereby ORDERED that:
1. The Report and Recommendation of Magistrate Judge Blewitt (Doc. 8) are ADOPTED.
2. Defendant Lebanon County Prison PA is DISMISSED with prejudice.
3. Plaintiff's official capacity damages request is DISMISSED with prejudice.
4. Plaintiff's First Amendment retaliation claim, as alleged against Defendant Verna, is DISMISSED without prejudice.
5. Plaintiff's Fourteenth Amendment equal protection claim, as alleged against Defendant C.O. Oliver, is DISMISSED without prejudice.
6. Plaintiff is granted leave to file an amended complaint within twenty (20) days of the date of this order, which shall address the deficiencies set forth in Magistrate Judge Blewitt's Report and Recommendation on the counts dismissed without prejudice. Failure to file an amended complaint within the specified time period will result in the matter proceeding on only the remaining counts of the original complaint.
7. The above-captioned case is REMANDED to Magistrate Judge Blewitt for further proceedings.
CHRISTOPHER C. CONNER United States District Judge