A. Richard Caputo
(JUDGE CAPUTO)
(MAGISTRATE JUDGE SMYSER)
ORDER
NOW, this 27th day of June, 2012, IT IS HEREBY ORDERED that Magistrate Judge Smyser's Report and Recommendation (Doc. 45) is REJECTED in part and ADOPTED in part.
(1) The uncontested portions of the Report and Recommendation are
ADOPTED in their entirety.
(2) The recommendation to permit Plaintiff to proceed on his procedural due process claim against the officials that participated in the review of his disciplinary appeals is REJECTED. The procedural due process claim against Defendants Gordon, Demming, Zakaruskas, Josefowicz, Walsh, and MacIntyre is DISMISSED with prejudice.
(3) Defendant MacIntyre is DISMISSED from the action.
(4) The matter is RECOMMITTED to Magistrate Judge Smyser for further proceedings.
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A. Richard Caputo
United States District Judge