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Shepler v. Jefferson County Jail Broad Member

United States District Court, Western District of Pennsylvania

January 13, 2014

SHANE LEE SHEPLER, Plaintiff,
v.
JEFFERSON COUNTY JAIL BROAD MEMBER, et al., Defendants.

Cynthia Eddy District Judge

MEMORANDUM ORDER

CATHY BISSOON MAGISTRATE JUDGE

On April 11, 2013, this case was referred to United States Magistrate Judge Cynthia Eddy for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B), and Rules 72.C, 72.D and 72.G of the Local Rules for Magistrates. On December 11, 2013, the magistrate judge issued a Report and Recommendation (Doc. 37) recommending that Defendants’ Motion to Dismiss (Doc. 27) be granted with prejudice with respect to Plaintiff’s failure to protect claim and granted without prejudice with respect to Plaintiff’s condition of confinement claim. It was further recommended that Plaintiff be given thirty (30) days to amend his complaint with respect to his condition of confinement claim. Service of the Report and Recommendation was made on the parties and Plaintiff did not filed objections.[1]

After a de novo review of the pleadings and documents in the case, together with the Report and Recommendation, the following Order is entered:

AND NOW, this 13th day of January, 2014

IT IS HEREBY ORDERED that the December 11, 2013 Report and Recommendation (Doc. 37) is adopted as the opinion of the Court. Defendants’ Motion to Dismiss (Doc. 27) is granted with prejudice with respect to Plaintiff’s failure to protect claim and granted without prejudice with respect to Plaintiff’s condition of confinement claim. Plaintiff is granted leave until February 14, 2014, to file an amended complaint to plead sufficient facts to state an Eighth Amendment claim with respect to the following two allegations: (i) that he developed a staph infection as a result of using improperly sanitized razors and nail clippers (ii) that he was denied access to water and restroom facilities during mandatory recreation time. In addition, Plaintiff’s Motion for a Hearing (Doc. 39) is denied.


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