Carrasquillo v. Delbaso

Opinion

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

VICTOR DAVID CARRASQUILLO, : #NP8848, : -CIVIL ACTION NO. 3:19-CV-0853 Plaintiff, : :(JUDGE MARIANI) V. :(Magistrate Judge Saporito) THERESA DELBASO, et al., Defendants. : ORDER

AND NOW, THIS fo DAY OF JANUARY 2020, upon consideration of

Magistrate Judge Saporito’s Report and Recommendation (“R&R”) (Doc. 20) for clear error

or manifest injustice, IT IS HEREBY ORDERED THAT:

1. The R&R (Doc. 20) is ADOPTED for the reasons set forth therein;

2. The Moving Defendants’ Motion to Dismiss (Doc. 7) is GRANTED IN PART and

DENIED IN PART; 3. Plaintiff's claims for damages and retrospective declaratory relief against all

Defendants in their official capacity are DISMISSED with prejudice for lack of

subject matter jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil

Procedure;'

‘ For the reasons set forth in the R&R, amendment with respect to claims subject to dismissal would be futile and, therefore, dismissed claims are properly dismissed with prejudice and without leave to amend. (Doc. 20 at 21 (citing Grayson v. Mayview State Hosp., 293 F.3d 103, 108 (3d Cir. 2002)).)

4. Plaintiff's claims for retrospective declaratory relief against all Defendants in their

personal capacity are DISMISSED with prejudice for failure to state a claim upon which relief can be granted, pursuant to 28 U.S.C. § 1915A(b)(1) and 42 U.S.C. § 1997e(c)(1); 5, Plaintiff's claims for damages against Defendants Theresa DelBalso and Michael

Damore in their personal capacity are DISMISSED with prejudice for failure to state

a claim upon which relief can be granted, pursuant to Rule 12(b)(6) of the Federal

Rules of Civil Procedure; 6. Plaintiff's claims for damages and prospective injunctive relief against Defendant

Christine Griffin in her personal capacity are DISMISSED with prejudice for failure

to state a claim upon which relief can be granted, pursuant to Rule 12(b)(6) of the

Federal Rules of Civil Procedure; 7. Plaintiff's claims for damages and prospective injunctive relief against Defendants

Scott Miller, Michelle Heenan, Steven Nicola, and Kevin Kellner, and his claims for

prospective injunctive relief against Defendants Theresa DelBalso and Michael

Damore go forward; 8. This matter is remanded to the Magistrate Saporito for further proceedings.

United States District Judge