Joseph v. Asure et al

Filing 47

ORDER - IT IS HEREBY ORDERED that the 46 Report and Recommendation is ADOPTED; Dfts 36 Motion for Summary Judgment is GRANTED with respect to Pltf's Eighth Amendment claims; Pltf's 40 Motion to Dismiss Dfts' mtn for sumjgm is DENIED; The Clerk of Court is directed to CLOSE the case.Signed by Chief Judge Yvette Kane on Aug. 21, 2012. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
GEORGE JOSEPH,
Plaintiff
v.
WARDEN DONNA ASURE, et al.,
Defendants

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Civil Action No. 1:11-cv-01255
(Chief Judge Kane)
(Magistrate Judge Smyser)

ORDER
Presently pending before the Court is Magistrate Judge Smyser’s Report and
Recommendation that Defendants’ motion for summary judgment be granted with respect to
Plaintiff’s Eighth Amendment claims and that Plaintiff’s motion to dismiss Defendants’ motion
for summary judgment be denied. (Doc. No. 46.) No timely objections have been filed.
ACCORDINGLY, on this 21st day of August 2012, upon review of the record and the
applicable law, IT IS HEREBY ORDERED THAT:
1.

Magistrate Judge Smyser’s Report and Recommendation (Doc. No. 46) is ADOPTED;

2.

Defendants’ motion for summary judgment (Doc. No. 36) is GRANTED with respect to
Plaintiff’s Eighth Amendment claims;

3.

Plaintiff’s motion to dismiss Defendants’ motion for summary judgment (Doc. No. 40) is
DENIED;

4.

Pursuant to 28 U.S.C. § 1367(c)(3), the Court declines to exercise supplemental
jurisdiction over Plaintiff’s state law claims; and

5.

The Clerk of Court is directed to close the case.
s/ Yvette Kane
Yvette Kane, Chief Judge
United States District Court
Middle District of Pennsylvania