COLE v. SOBINA

Citation Codes

Equivalent Citations

citation codes

Docket Number

Civil Action No. 04-99J.

Motions

Motion to dismiss : Granted

Motion to dismiss : Denied

Judges

Kim R. Gibson

Acts

Judiciary And Judicial Procedure — United States Magistrate Judges — Court Officers And Employees — Jurisdiction, Powers, And Temporary Assignment

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JAMES COLE, Plaintiff, v. RAYMOND SOBINA, Superintendent of SCI Somerset; WILLIAM MAILMAN, Unit Manager of General Population; BRIAN WESTLEY, General Population Unit Counselor; DAVID HUNTER, Unit Manager of the Special Needs Unit at SCI Somerset; and RITA WALKER, Unit Counselor of Special Needs Unit at SCI Somerset, Defendants.

MEMORANDUM ORDER

KIM GIBSON, District Judge

The above captioned case was initiated by the filing of a Motion to Proceed In Forma Pauperis (doc. no. 1) on May 6, 2004. The case was referred to United States Magistrate Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrate Judges.

The Magistrate Judge's Report and Recommendation (doc. no. 33), filed on November 14, 2007, recommended that the Partial Motion to Dismiss the Amended Complaint (doc. no. 23) be granted with respect to Plaintiff's ADA and RA claims against Defendants in their individual capacities and as to Plaintiff's claims against Defendant Sobina and that it be denied as to Defendants' assertion that Plaintiff's claims against Defendants Hunter and Walker are barred by the two-year limitations period. It further recommended that the Motion to Dismiss filed by Defendants Mailman and Westley (doc. no. 26) be denied. The Report and Recommendation was served on the Plaintiff at the address presently listed on the docket sheet. The parties were advised they were allowed ten (10) days from the date of service to file written objections to the report and recommendation. No objections have been filed.

After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, the following order is entered:

AND NOW, this 19^th day of December, 2007;

IT IS HEREBY ORDERED that the Partial Motion to Dismiss the Amended Complaint (doc. no. 23) is GRANTED with respect to Plaintiff's ADA and RA claims against Defendants in their individual capacities, as to Plaintiff's claims against Defendant Sobina and DENIED as to Defendants' assertion that Plaintiff's claims against Defendants Hunter and Walker are barred by the two-year limitations period.

IT IS FURTHER ORDERED that the Motion to Dismiss filed by Defendants Mailman and Westley (doc. no. 26) be DENIED. IT IS FURTHER ORDERED that the Report and Recommendation (doc. no. 33) of Magistrate Judge Lenihan, dated November 14, 2007, is adopted as the Opinion of the Court.

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