Allen v. Bishop et al
MEMORANDUM. Signed by Judge Richard D. Bennett on 9/14/2017. (c/m 9/15/17)(krs, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
LA WRENCE KENNETH ALLEN, II
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WARDEN FRANK BISHOP, et at.
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Civil Action No. RDB-!6-250 I
Defendants Warden Frank Bishop, Lt Michael Bulger, Officer Brett Payton, Ofticer
David Lepley, Correctional Case Management Specialist Jason McMahan, and Correctional Case
Management Manager Richard Roderick filed a Motion to Dismiss or in the alternative for
Summary Judgment in response to the above-entitled civil rights complaint
ECF 20 and 22. I
Plaintiff was advised of his right to file an Opposition Response to the motion and of the
consequences of failing to do so by letter from the Clerk of this Court. ECF 2 I and 23. He has
filed nothing further in the case and the motion remains unopposed.
For the reasons stated
below, the motion, construed as a Motion for Summary Judgment,2 shall be granted.
Plaintiff Lawrence Kenneth Allen, an inmate committed to the custody of the Maryland
Department of Public Safety and Correctional Services and at all times relevant confined at
North Branch Correctional Institution ("NBC!"), asserts he was "viciously, violently, savagely
Defendants filed a corrected Memorandum in Support which was docketed at ECF 22. Plaintiff was given
a second notice to file an Opposition Response after it was filed.
Defendants' dispositive submission will be treated as a Motion for Summary Judgment under Federal Rule
of Civil Procedure 56 because materials outside the original pleadings have been considered. See Bosiger v. u.s.
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