Lyons v. Wetzel

May 6, 2015

ERIC LYONS, Plaintiff,
v.
JOHN WETZEL, et al., Defendants.

ORDER

CHRISTOPHER C. CONNER, Chief District Judge.

AND NOW, this 6th day of May, 2015, upon consideration of the lengthy report (Doc. 48) of Chief Magistrate Judge Martin C. Carlson, recommending the court grant in part and deny in part defendants' collective motion (Doc. 26) to dismiss the pro se plaintiff's complaint (Doc. 1), wherein Judge Carlson opines that plaintiff does not sufficiently state personal involvement in an alleged constitutional violation by John Wetzel, Joseph Kazarauskas, Sergeant Gandy, Lieutenant Daniel Mosier, CO I. Maye, and Captain Pall, compelling dismissal of said defendants, but recommends that the balance of plaintiff's claims survive defendants' motion, ^[1] and, following an independent review of the record, the court being in agreement with the magistrate judge's findings, and the court noting that plaintiff has objected (Doc. 53)^[2] to the report, and finding plaintiff's objection to be without merit and squarely addressed by Judge Carlson's report, it is hereby ORDERED that:

1. The report (Doc. 48) of Chief Magistrate Judge Carlson is ADOPTED in its entirety.

2. Defendants' motion (Doc. 26) to dismiss is GRANTED to the extent it seeks dismissal of defendants Wetzel, Kazarauskas, Gandy, Maye, Mosier, and Pall for lack of personal involvement. The motion (Doc. 26) is DENIED in all other respects.

3. The Clerk of Court shall terminate defendants Wetzel, Kazarauskas, Gandy, Maye, Mosier, and Pall as defendants in the above-captioned action.

4. This matter is REMANDED to Chief Magistrate Judge Carlson for further pretrial management.