United States District Court, W.D. Pennsylvania
December 2, 2014
TERRY WALKER, Plaintiff,
STEVEN R. GLUNT, Superintendent; DORETTA CHENCHARICK, Supt. Asst./ Grievance Coordinator, SCI Houtzdale; CORRECTIONAL OFFICER DIEHL; CORRECTIONAL OFFICER UNCLES; LIEUTENANT GLASS; SHIRLEY MOORE SMEAL, Executive Deputy Secretary; JOHN E. WETZEL, Secretary; CAPTAIN BRAUMBAUGH; HEATHER MOORE, Mail Room Supervisor, Defendants.
ORDER RE: ECF NO. 28
KIM R. GIBSON, District Judge.
AND NOW, this 28th day of November, 2014, after Plaintiff Terry Walker, filed an action in the above-captioned case, and after a Motion to Dismiss was submitted on behalf of Defendants, and after a Report and Recommendation was filed by the United States Magistrate Judge, ECF No. 34, giving the parties until November 6, 2014, to file written objections thereto, and upon consideration of the objections filed by Plaintiff, ECF No. 36, and upon independent review of the record, and upon consideration of the Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this Court,
IT IS HEREBY ORDERED that the Defendants' Motion to Dismiss, ECF No. 28, is granted in part and denied in part as follows: the Motion is granted with respect to the claims brought against Defendants DOC, SCI Houtzdale, Wetzel, Smeal, Glunt, Chencharick and Moore and the Clerk is directed to dismiss these Defendants from the case; the Motion is denied with respect to Plaintiffs state law claim for intentional infliction of emotional distress brought against Defendants Diehl, Uncles, Glass and Braumbaugh.