TAPP v. BRAZILL et al

Filing 63

ORDER THAT PLAINTIFF'S CROSS MOTION FOR SUMMARY JUDGMENT (DOC. NO. 53) IS DENIED. DEFENDANTS MOTION FOR SUMMARY JUDGMENT (DOC. NO. 52) IS GRANTED AND DEFENDANT CITY OF LANCASTER IS DISMISSED AS A DEFENDANT FOR LACK OF PROSECUTION. IT IS FURHTER ORDERED THAT THE CLERK OF COURT SHALL MARK THIS MATTER AS CLOSED FOR STATISTICAL PURPOSES. SIGNED BY CHIEF JUDGE PETRESE B. TUCKER ON 6/9/14. 6/10/14 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd) Modified on 6/10/2014 (afm, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SEAN TAPP,

v.

DANNY BRAZILL, et al.

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CIVIL ACTION

NO. 11-677

ORDER
AND NOW this ______ day of ______, 2014, IT IS HEREBY ORDERED AND
DECREED that upon careful consideration of Defendants’ Motion for Summary Judgment (Doc.
52), Plaintiff’s Cross-Motion for Summary Judgment (Doc. 53), along with briefs and exhibits, that:
1. Plaintiff’s Cross-Motion for Summary Judgment (Doc. 53) is DENIED;
2. Defendants Danny Brazill, Lancaster Country Prison, Sgt. Jacobs, Corrections Officer
(“C/O”) L. Grier, C/O Miller, C/O Cannefield, C/O Marin, Sgt. Wolffe, Warden Vincent
Guarini, 1 Robert Samasko, C/O Roder, C/O Hersh, and C/O B. Johnson’s Motion for
Summary Judgment (Doc. 52) is GRANTED; and
3. Defendant City of Lancaster is DISMISSED as a Defendant for Lack of Prosecution. 2
IT IS FURTHER ORDERED that the Clerk of Court shall mark this matter as CLOSED for
statistical purposes.
BY THE COURT:
/s/Petrese Tucker
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Hon. Petrese B. Tucker, C.J.

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Plaintiff Tapp misspells Vincent “Guarini” as “Guardreeni” in his Complaint.

The Defendant City of Lancaster was served on May 19, 2011. Plaintiff Tapp has failed to pursue his claim against the
City in any meaningful way in the almost three years since this case has been active.