govinfo:USCOURTS-pawd-1_24-cv-00063-2

MEMORANDUM ORDER: AND NOW, this 1st day of June, 2026, IT IS HEREBY ORDERED that Plaintiff's motion for reconsideration, pursuant to Rule 59(e) of the Federal Rules of Civil Procedure [ECF No. 73], is GRANTED, and this Court's Memorandum Order dated April 20, 2026 [ECF No. 71] is VACATED. IT IS FURTHER ORDERED that, upon consideration of Plaintiff's objections [ECF No. 72] to the R&R of Magistrate Judge Taylor dated January 30, 2026 [ECF No. 65], the DOC Defendants' motion to dismiss [ECF No. 42] is GRANTED as follows: 1. All of Plaintiff's claims against DOC Defendants Reeher and Biel are DISMISSED with prejudice, 2. Plaintiff's federal claims against DOC Defendants Harry, Varner, Irwin, Bogardus, Walker, Lesko, Spencer, and Fiedor are DISMISSED, without prejudice to Plaintiff's right to file an amended complaint within thirty (30) days of the date of this Order, specifying with particularity how each of said Defendants was personally involved in violating Plaintiff's constitutional rights. Because Plaintiff has the ability to amend his federal claims against said Defendants, the Court reinstates Plaintiff's state law claims against said Defendants pending receipt of a timely and appropriately filed amended complaint. In the event Plaintiff fails to file an amended complaint in compliance with this Order, all claims against Defendants Harry, Varner, Irwin, Bogardus, Walker, Lesko, Spencer, and Fiedor will be dismissed with prejudice without further notice. IT IS FURTHER ORDERED that Defendant Snyder's motion to dismiss [ECF No. 40] is GRANTED, as follows: 1. Plaintiff's Eighth Amendment deliberate indifference claim and state law negligence claim against Defendant Snyder are DISMISSED, without prejudice to Plaintiff's right to include within the foregoing amended complaint to be filed within thirty (30) days of the date of this Order an amended Eighth Amendment claim and a reasserted negligence claim against Defendant Snyder. In the event Plaintiff fails to file an appropriate amended complaint within such time, the dismissal of Plaintiffs Eighth Amendment and negligence claims against Defendant Snyder will be converted to a dismissal with prejudice without further notice. 2. All claims other than Plaintiff's Eighth Amendment and negligence claims against Defendant Snyder are DISMISSED with prejudice and without leave to amend. IT IS FURTHER ORDERED that, by virtue of the foregoing, Defendant Snyder's motion to dismiss "for failure to opt out" [ECF No. 60] is DENIED as moot. The report and recommendation of Magistrate Judge Taylor, issued January 30, 2026 [ECF No. 65], is adopted, as modified, as the opinion of the court. As a result of the foregoing, the Clerk is directed to terminate Defendants Biel and Reeher from this case, and to reinstate Defendants Harry, Varner, Irwin, Bogardus, Walker, Lesko, Spencer, and Fiedor. Signed by Judge Susan Paradise Baxter on 6/1/2026. (snc)

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