United States District Court, M.D. Pennsylvania
March 13, 2014
JAMES SCHINGLER, Plaintiff
UNITED STATES OF AMERICA, Defendant.
JAMES M. MUNLEY, District Judge.
AND NOW, to wit, this 13th day of March 2014, it is HEREBY ORDERED as follows:
1. The Government's objections to the Report and Recommendation (Doc. 31) are SUSTAINED in part and OVERRULED in part and the Government's motion to dismiss (Doc. 17) is GRANTED in part and DENIED in part;
2. The Government's objections are sustained to the extent that Magistrate Judge Schwab's Report and Recommendation (Doc. 31) is not adopted regarding count one, negligent cell placement. Count one is DISMISSED with prejudice;
3. The Government's objections are OVERRULED to the extent that Magistrate Judge Schwab's Report and Recommendation (Doc. 31) is ADOPTED regarding count two, negligent search for the razor blade and count three, negligent failure to intervene.
4. This case is REMANDED to Magistrate Judge Schwab for further proceedings pertaining to counts two and three.
5. Plaintiff's motion seeking an extension of time to respond to the government's objections (Doc. 39) is DENIED.