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Gerber v. Campbell

United States District Court, M.D. Pennsylvania

June 18, 2015

RICHARD GERBER, Plaintiff
v.
WARDEN WILLIAM CAMPBELL, et al., Defendants

ORDER

CHRISTOPHER C CONNER CHIEF JUDGE.

AND NOW this 18th day of June, 2015, upon consideration of the report (Doc 23) of Magistrate Judge Susan E Schwab recommending the court grant in part and deny in part the motion (Doc 14) to dismiss plaintiffs pro se amended complaint (Doc 7) pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by defendants Warden William Campbell and A Burd[1] wherein Judge Schwab opines that the bulk of plaintiff’s claims with the exception of a single retaliation claim against defendant Campbell are meritless and should be dismissed (see Doc 23 at 11-30) and following an independent review of the record the court in agreement with Judge Schwab that a large majority of plaintiff s claims are either meritless or barred by the doctrine of qualified immunity and it appearing that neither party has objected to the report and that there is no clear error on the face of the record, [2]see Nara v Frank 488 F.3d 187 194 (3d Cir 2007) (explaining that the failure to timely object “may result in forfeiture of de novo review at the district court level”) it is hereby ORDERED that:

1. The report (Doc 23) of Magistrate Judge Schwab is ADOPTED
2. Defendants’ motion (Doc 14) to dismiss plaintiffs amended complaint (Doc 7) is GRANTED in part and DENIED in part to the following extent:
a. The motion is GRANTED in its entirety with respect to defendant Burd. All claims against defendant Burd in the amended complaint (Doc. 7) are DISMISSED.
b. The motion is GRANTED in part with respect to defendant Campbell Plaintiff’s Eighth Amendment and Due Process Clause claims and plaintiffs request for punitive damages against defendant Campbell are DISMISSED.
c. The motion is DENIED to the extent it seeks dismissal of plaintiffs retaliation claim against defendant Campbell
3. The above-captioned matter is REMANDED to Magistrate Judge Schwab for further proceedings.

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