Katona v. Asure et al

Filing 162

ORDER: 1) The court adopts in part and rejects in part the r and r of M.J. Mehalchick 159 :A) The court adopts the r and r as follows:i) Pltfs mtn for partial summary judgment against Dft James Shea as to liability only 144 is GRANTED. The Clerk s hall defer the entry of jgmnt in favor of pltf Matthew Katona and against Dft James Shea as to his liability only under Count One of the second amended complaint (Doc. 116, at 78), which asserts an Eighth Amendment excessive force claim pursuant to 4 2 U.S.C. § 1983.The determination as to damages, if any, is reserved for jury trial.ii) The Medical Dfts (Wendy M. Johnson, Michelle L. Oswald and Jane Doe (facility psychiatrist)) mtn for summary jgmnt 151 is GRANTED.B) The court rejects the r and r as follows:i) The court declines to have final jgmnt entered as to the Medical Dfts as there are many other dfts whose claims against them must be resolved and, depending on the outcome, may present applicable issues that should not beappeale d piece meal, which could place a burden on Pltf if he is unsuccessful in his remaining claims and desires to take an appeal.ii) The Clerk of Court shall DEFER the entry of jgmnt against the Medical Dfts until the conclusion of this case.2) This case is remanded to MJ Mehalchick for further proceedings. Signed by Honorable Sylvia H. Rambo on 02/03/15. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

MATTHEW KATONA,
Plaintiff
v.
DONNA ASURE, Warden, et al.,
Defendants

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CIVIL NO. 1:11-CV-1817
(Judge Rambo)
(Magistrate Judge Mehalchick)

ORDER
Before the court is a January 5, 2015, report and recommendation of the
magistrate judge (Doc. 159) to whom this matter was referred in which she
recommends that Plaintiff’s motion for partial summary judgment be granted in
favor of Plaintiff and against Defendant James Shea on the issue of liability only.
The magistrate judge also recommended that the Medical Defendants’ motion for
summary judgment be granted. The magistrate judge further recommended that final
judgment be entered in favor of the Medical Defendants and against Plaintiff and that
they be terminated from this action upon the expiration of the time to appeal. No
objections to the report and recommendation have been filed.
Upon review of the report and recommendation and law applicable to
the facts of this case, IT IS HEREBY ORDERED THAT:
1) The court adopts in part and rejects in part the report and
recommendation of the magistrate judge (Doc. 159):
A) The court adopts the report and recommendation as follows:

i) Plaintiff’s motion for partial summary judgment against
Defendant James Shea as to liability only (Doc. 144) is
GRANTED. The Clerk shall defer the entry of judgment in favor
of plaintiff Matthew Katona and against Defendant James Shea as
to his liability only under Count One of the second amended
complaint (Doc. 116, at 7–8), which asserts an Eighth
Amendment excessive force claim pursuant to 42 U.S.C. § 1983.
The determination as to damages, if any, is reserved for jury trial.
ii) The Medical Defendants’ (Wendy M. Johnson, Michelle L.
Oswald and Jane Doe (facility psychiatrist)) motion for summary
judgment (Doc. 151) is GRANTED.
B) The court rejects the report and recommendation as follows:
i) The court declines to have final judgment entered as to the
Medical Defendants as there are many other defendants whose
claims against them must be resolved and, depending on the
outcome, may present applicable issues that should not be
appealed piece meal, which could place a burden on Plaintiff if he
is unsuccessful in his remaining claims and desires to take an
appeal.
ii) The Clerk of Court shall DEFER the entry of judgment
against the Medical Defendants until the conclusion of this case.
2) This case is remanded to Magistrate Judge Mehalchick for further
proceedings .

s/Sylvia H. Rambo
United States District Judge
Dated: February 3, 2015.

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