McKeithan v. Kerestes et al

Filing 137

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; ORDER - 1. The magistrate judges report (Doc. 132) is ADOPTED. 2. Defendants motion for summary judgment (Doc. 110) is GRANTED with respect to the Fourteenth Amendment Equal Protection claim and the Eighth Amendment claim. The Clerk of Court shall enter judgment in favor of Defendants on these two claims. 3. Summary judgment is DENIED with respect to the retaliation claim.Signed by Honorable William W. Caldwell on 07/28/14. (pjr)

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UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA DENNIS McKEITHAN, : : : CIVIL NO. 11-cv-1441 : : : : : : Plaintiff v. JOHN KERESTES., et al., Defendants. ORDER AND NOW, this 28th day of July, 2014, upon consideration of the report and recommendation of the magistrate judge (Doc. 132), filed May 5th, 2014, and the objections that were filed, it is ordered that: 1. The magistrate judge’s report (Doc. 132) is ADOPTED. 2. Defendants’ motion for summary judgment (Doc. 110) is GRANTED with respect to the Fourteenth Amendment Equal Protection claim and the Eighth Amendment claim. The Clerk of Court shall enter judgment in favor of Defendants on these two claims. 3. Summary judgment is DENIED with respect to the retaliation claim. /s/ William W. Caldwell William W. Caldwell United States District Judge

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