MEMORANDUM ORDER

DAVID CERCONE, District Judge

An in forma pauperis application in the above-captioned prisoner civil rights case was received by the Clerk of Court on October 30, 2006, and was referred to United States Magistrate Judge 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 (Document No. 33), filed on November 23, 2007, recommended that the Motion to Dismiss filed by Defendant Herbick (Document No. 17) be denied and that the Motion to Dismiss filed by the Commonwealth Defendants Wilson, Maue, Delie, Scire, Tretinik, Brunson, Ellsworth and Burks (Document No. 18) be granted as to Defendants Wilson, Scire, Burks, Brunson and Ellsworth and denied as to Defendants Maue, Delie, and Tretinik. Plaintiff filed Objections to the Report and Recommendation on December 10, 2007 (Document No. 36). Plaintiffs Objections do not undermine the recommendations made by the Magistrate Judge.

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

AND NOW, this 7^th January, 2008

IT IS HEREBY ORDERED that the Motion to Dismiss filed by Defendant Herbick (Document No. 17) is DENIED.

IT IS FURTHER ORDERED hat the Motion to Dismiss filed by the Commonwealth Defendants Wilson, Maue, Delie, Scire, Tretinik, Brunson, Ellsworth and Burks (Document No. 18) is GRANTED as to Defendants Wilson, Scire, Burks, Brunson and Ellsworth and DENIED as to Defendants Maue, Delie, and Tretinik.

IT IS FURTHER ORDERED that the Report and Recommendation (Document No. 33) filed on November 23, 2007, by Magistrate Judge Lenihan, is adopted as the Opinion of the Court.