KEMP v. PICC et al

Filing 26

OPINION/ORDER THAT THE MOTION FOR SUMMARY JUDGMENT (DOC. NO. 21) IS GRANTED; AND JUDGMENT IS ENTERED IN FAVOR OF THE DEFENDANT, CORRECTIONAL OFFICER MR. GARCIA, AND AGAINST THE PLAINTIFF ON THE ENTIRETY OF THE COMPLAINT; AND THAT PLAINTIFF'S CLA IMS AGAINST THE DEFENDANT, CORRECTIONAL OFFICER MR. R. GREY #4382, ARE DISMISSED WITHOUT PREJUDICE; AND THAT THE CLERK OF COURT MARK THIS MATTER AS CLOSED. SIGNED BY HONORABLE EDWARD G. SMITH ON 3/22/16. 3/22/16 ENTERED AND COPIES MAILED TO PRO SE' AND E-MAILED.(ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SAMUEL JERMAINE KEMP, 3RD,
Plaintiff,
v.
PICC, CORRECTIONAL OFFICER MR.
R. GREY #4382, CORRECTIONAL
OFFICER MR. GARCIA,
Defendants.

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CIVIL ACTION NO. 14-3819

ORDER
AND NOW, this 22nd day of March, 2016, after considering the motion for summary
judgment filed by the defendant, Correctional Officer Mr. Garcia (Doc. No. 21), and after
reviewing the complaint (Doc. No. 5), the defendant’s answer and affirmative defenses (Doc.
No. 10), and the plaintiff’s various submissions (Doc. Nos. 19, 22, 23, 24); and for the reasons
set forth in the accompanying memorandum opinion, it is hereby ORDERED as follows:
1.

The motion for summary judgment (Doc. No. 21) is GRANTED; and

2.

Judgment is ENTERED in favor of the defendant, Correctional Officer Mr.

Garcia, and against the plaintiff on the entirety of the complaint; and
IT IS FURTHER ORDERED that, for the reasons set forth in the accompanying
memorandum opinion, the plaintiff’s claims against the defendant, Correctional Officer Mr. R.
Grey #4382, are DISMISSED WITHOUT PREJUDICE; and
IT IS FURTHER ORDERED that the clerk of court mark this matter as CLOSED.

BY THE COURT:

/s/ Edward G. Smith
EDWARD G. SMITH, J.