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Stewart v. Varano

United States District Court, M.D. Pennsylvania

August 20, 2014

CARL STEWART, a/k/a CARL BURTON, Plaintiff
v.
SUPERINTENDENT DAVID A. VARANO, et al., Defendants.

ORDER

SYLVIA H. RAMBO, District Judge.

Before the court is a June 2, 2014, report and recommendation of the magistrate judge (Doc. 87) and a June 5, 2014, report and recommendation of the magistrate judge (Doc. 88). Plaintiff was granted two extensions of time to file objections to the reports and recommendations ( see Docs. 96 and 99). The last extension expired August 15, 2014, and to date no objections have been filed.

Upon review of the record and applicable law, IT IS HEREBY ORDERED THAT:

1) The court adopts the June 2, 2014 report and recommendation of the magistrate judge (Doc. 87) as follows:

a) Plaintiff's motions for injunctive relief related to his confinement at SCI-Coal Township (Docs. 16 & 31) are DENIED; and
b) Plaintiff's motions for default judgment (Docs. 37 & 60) are deemed improperly filed and are DENIED.

2) The court adopts in part the recommendations contained in the June 5, 2014 report and recommendation of the magistrate judge (Doc. 88), as follows:

a) The Department of Corrections Defendants' motion to dismiss (Doc. 35) is GRANTED with prejudice as to Plaintiff's claims arising out of his grievances against Defendants David A. Varano, Kerri Moore, Trish Kelley, Christ T. Yackiel, Anthony Luscavage, and Kandis Dascini for lack of personal involvement.
b) The Department of Corrections Defendants' motion to dismiss (Doc. 35) is GRANTED with prejudice as to Plaintiff's claim against Michael Farrell related to Plaintiff's prison employment.
c) The Department of Corrections Defendants' motion to dismiss (Doc. 35) is GRANTED without prejudice and with leave to amend the complaint as to:
i) Plaintiff's claim against Defendant David A. Varano for harassment;
ii) Plaintiff's claims against Defendants Vincent Mooney, Mike Miller, Jeffrey Beard, John E. Wetzel, George Miller, Dorina Varner, and Waldman;
iii) Plaintiff's claims against John P. Sidler and Charles Custer;
iv) Plaintiff's claims against Novalis, Brownawell, and Wiseman for their role in ...

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