Johnson et al v. McMahon et al

Filing 206

ORDER (memorandum filed previously as separate docket entry) - Pursuant to the Stipulation of Dismissal entered into between the parties (Doc. No. 199), all claims set forth against Defendants Wakefield, Baird, Harlow, Kauffman, Lawler and Mock are w ithdrawn by Plaintiff and dismissed with prejudice from this action. Commonwealth Defendants motion for summary judgment (Doc. No. 174) isgranted. Summary judgment is granted in favor of Defendants and againstPlaintiff on the following claims: all cl aims against Defendant Beard; due process and access-to-the-courts claims against Defendant Hinkle and Fortney; all claims against Defendant Mitchell and Varner; and all claims against Defendants McMahon, Gembinski and Showalter. Plaintiffs retaliati on claim against Defendants Hinkle and Fortney and his conditions of confinement claims remain in this action. Within twenty (20) days, Defendants may file a further dispositive motion with respect to these claims. The failure to do so will result in this matter being scheduled for a pre-trial conference and trial at the convenience of the Court. 202 200 203 174 Signed by Honorable Yvette Kane on 12/10/14. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DEMETRIUS BAILEY,
Plaintiff,
v.
MELISSA McMAHON, et al.,
Defendants

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CIVIL NO. 1:CV-07-2238
(Judge Kane)

ORDER
NOW, THEREFORE, THIS 10th DAY OF DECEMBER 2014, for the reasons set
forth in the accompanying Memorandum, IT IS HEREBY ORDERED AS FOLLOWS:
1.

Pursuant to the Stipulation of Dismissal entered into between the parties (Doc.
No. 199), all claims set forth against Defendants Wakefield, Baird, Harlow,
Kauffman, Lawler and Mock are withdrawn by Plaintiff and dismissed with
prejudice from this action.

2.

Commonwealth Defendants’ motion for summary judgment (Doc. No. 174) is
granted. Summary judgment is granted in favor of Defendants and against
Plaintiff on the following claims: all claims against Defendant Beard; due process
and access-to-the-courts claims against Defendant Hinkle and Fortney; all claims
against Defendant Mitchell and Varner; and all claims against Defendants
McMahon, Gembinski and Showalter.

3.

Plaintiff’s retaliation claim against Defendants Hinkle and Fortney and his
conditions of confinement claims remain in this action. Within twenty (20) days,
Defendants may file a further dispositive motion with respect to these claims.
The failure to do so will result in this matter being scheduled for a pre-trial
conference and trial at the convenience of the Court.

4.

Plaintiff’s pending motions for relief (Doc. Nos. 200, 202) are denied without
prejudice to Plaintiff to file a new civil rights action alleging his claims.

5.

Plaintiff’s motion to attach exhibits to his motion for relief (Doc. No. 203) is
denied as moot.

S/ Yvette Kane
YVETTE KANE, District Judge
Middle District of Pennsylvania

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