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Snow v. United States

United States District Court, Third Circuit

December 13, 2013

CHANDAR A. SNOW, Plaintiff,
v.
UNITED STATES OF AMERICA, et al., Defendants.

ORDER

A. RICHARD CAPUTO, District Judge.

NOW, this 13th day of December, 2013, upon consideration of Magistrate Judge Blewitt's Report and Recommendation (Doc. 23) to Plaintiff's Amended Complaint, IT IS HEREBY ORDERED that:

(1) The Report and Recommendation (Doc. 23) is ADOPTED in part and REJECTED in part.

(A) The recommendation to dismiss with prejudice the claims for monetary damages asserted against Defendants in their official capacities is ADOPTED. The claims for monetary damages against Defendants in their official capacities are DISMISSED with prejudice.
(B) The recommendation to dismiss with prejudice Defendants U.S. Department of Justice, Federal Bureau of Prisons, Warden Thomas, BOP Regional Director Samuels, Disciplinary Hearing Officer Jordan, Snider, Counselor Edinger, Case Manager Nichols, Dr. Cannon, and T. Brink is ADOPTED. Defendants U.S. Department of Justice, Federal Bureau of Prisons, Warden Thomas, BOP Regional Director Samuels, Disciplinary Hearing Officer Jordan, Snider, Counselor Edinger, Case Manager Nichols, Dr. Cannon, and T. Brink are DISMISSED from the action with prejudice.
(C) The recommendation to dismiss with prejudice the First Amendment denial of access to the courts claim is ADOPTED. The First Amendment denial of access to the courts claim is DISMISSED with prejudice.
(D) The Recommendation to allow Plaintiff to proceed on the Eighth Amendment denial of medical care claim and Eighth Amendment cruel and unusual punishment (deliberate indifference) claim against Lieutenant Sherman, Lieutenant Johnson, Heather Ladisic, and Beverly Prince is ADOPTED.
(E) The recommendation to dismiss with prejudice the Eighth Amendment excessive force claim against The Captain, Lieutenant Sherman, and Lieutenant Johnson is REJECTED. The recommendation to dismiss with prejudice the excessive force claim as to all other Defendants is ADOPTED, and the excessive force claim is DISMISSED with prejudice as to all Defendants except The Captain, Lieutenant Sherman, and Lieutenant Johnson.

(2) Plaintiffs may PROCEED on the following claims:

(A) Eighth Amendment excessive force claim against Defendants The Captain, Lieutenant Sherman, and Lieutenant Johnson.
(B) Eighth Amendment denial of medical care claim against Defendants Lieutenant Sherman, Lieutenant Johnson, Heather Ladisic, and Beverly Prince.
(C) Eighth Amendment cruel and unusual punishment (deliberate indifference) claim against Defendants Lieutenant Sherman, Lieutenant Johnson, Heather Ladisic, and Beverly Prince.

(3) The matter is RECOMMITTED to Magistrate Judge Blewitt for further proceedings.


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