-JSK Thomas v. Northern Correctional Facility et al, No. 5:2011cv00007 - Document 68 (N.D.W. Va. 2012)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING 36 REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE in its entirety. DENYING 49 Second Motion to Amend and DENYING 50 Motion to Appoint a Monitor; DENYING 35 Motion to Amend by plaintiff. Defen dant Northern Correctional Facility, Regional Jail Authority, Lieutenant Nash, Nicky Seibert, Jim Rubenstein and Prime Care Medical are DISMISSED. Claim 4 as structured herein is DISMISSED in its entirety. Plaintiffs equal protection claims and deni al of access to courts/access to legal work claims are DISMISSED. Plaintiffs medical claim regarding his dental issue is DISMISSED. Claims 12 and 13 as delineated herein are DISMISSED. The plaintiffs remaining claims, Claims 1, 2, 3, 6, 7, 8, 9, and1 0, as structured herein PROCEED. The remaining allegations in Claims 5 and 11 PROCEED. Clerk is directed to issue 21-Day summonses to defendants, Seifert, Pszczolowksi, Yahnka, Littel, and Janiszewski and forward to USM for service. Signed by Senior Judge Frederick P. Stamp, Jr on 3/14/12. (c to pro se plaintiff by cert mail)(cc)