LIVINGSTON v. JOHN DOE APPEL et al

Filing 44

ORDER THAT UPON CONSIDERATION OF THE MOTIONS OF DEFENDANTS FOR SUMMARY JUDGMENT FOR FAILURE TO EXHAUST ADMINSTRATIVE REMEDIES, AND ANY RESPONSE THERETO, IT IS ORDERED THAT THE MOTION IS GRANTED. SUMMARY JUDGMENT IS GRANTED IN FAVOR OF DEFENDANTS. PLAINTIFF'S COMPLAINT IS DISMISSED. THE CLERK SHALL CLOSE THIS CASE. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 7/21/15. 7/22/15 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ANDRE LIVINGSTON
CIVIL ACTION
v.
NO. 11-2764
LT. JOHN DOE APPEL, et al.
Baylson, J.

July 21, 2015

MEMORANDUM AND ORDER GRATING MOTION TO DISMISS
In prior Orders in this case, the Court has set forth the procedural history including the
fact that plaintiff, appearing pro se, was unsuccessful in attracting any lawyer who is a member
of this Court’s prisoner civil rights litigation panel, to accept his case (ECF 23). Defendants had
previously moved to dismiss the case or for summary judgment for failure to exhaust
administrative remedies (ECF 8). Plaintiff has filed an amended complaint (ECF 35) and
defendants again moved to dismiss or seek summary judgment (ECF 36, 37). Plaintiff has filed a
number of responses, however inaccurately characterized (see ECF 38, 41-42). However,
plaintiff has, despite given numerous chances, completely failed to respond to the merits of
defendants’ pending motions, particularly on the issue of exhaustion of administrative remedies
which is a requirement of the Prison Litigation Reform Act. Plaintiff keeps trying to add
additional parties (ECF 41) but does not present any appropriate allegations to warrant the Court
to grant this relief (see ECF 34). On this record, plaintiff does not dispute defendants’ wellarticulated legal position that plaintiff failed to exhaust his administrative remedies. Plaintiff has
been given numerous chances, but the case has reached a point where the defendants are entitled
to a resolution on the issue of exhaustion.
AND NOW, this 21st day of July, 2015, upon consideration of the motions of defendants
for summary judgment for failure to exhaust administrative Remedies, and any response thereto,

it is ORDERED that the motion is GRANTED. Summary Judgment is GRANTED in favor of
defendants. Plaintiff’s complaint is DISMISSED. The Clerk shall close this case.
BY THE COURT:

/s/ Michael M. Baylson
_______________________________
MICHAEL M. BAYLSON, U.S.D.J.

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