Ball v. Beckley et al

Filing 146

ORDER - IT IS HEREBY ORDERED THAT: 1. Magistrate Judge Carlsons Report and Recommendation (Doc. No. 135) recommending that the Court grant Defendant Famiglios motion for summary judgment is ADOPTED; 2. Plaintiffs objections (Doc. No. 137) are OVERRUL ED; 3. Defendant Famiglios motion for summary judgment (Doc. No. 80) is GRANTED; 4. The Clerk of Court shall defer entering judgment until all claims are adjudicated; and 5. All further proceedings and resolution of pending motions in this action, in cluding the Department of Corrections Defendants pending motion for summary judgment (Doc. No. 109) and Plaintiffs motion to deny Defendants summary judgment motion (Doc. No. 141), are referred to Magistrate Judge Carlson. 80 135 Signed by Honorable Yvette Kane on 12/2/13. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DAWN BALL,
Plaintiff
v.
LT. BECKLEY, et al.,
Defendants

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No. 1:11-cv-01829
(Judge Kane)
(Magistrate Judge Carlson)

ORDER
THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:
On August 28, 2013, Magistrate Judge Carlson issued a Report and Recommendation
(Doc. No. 135) recommending that the Court grant Defendant Dr. Gregory Famiglio’s motion
for summary judgment (Doc. No. 80) on Plaintiff Dawn Ball’s claim that Defendant Famiglio
violated her Eighth Amendment right to be free from cruel and unusual punishment. (Doc. No.
1.) On September 5, 2013, Plaintiff filed objections to Magistrate Judge Carlson’s Report and
Recommendation. (Doc. No. 137.) The objections fail to address the legal findings in the
Report and Recommendation in any meaningful way, in that they rely nearly exclusively on
conclusory statements, and fail to establish any genuine issue of material fact. Upon a review of
the record, the applicable law, and Plaintiff’s filings, the Court detects no error in Magistrate
Judge Carlson’s findings, and will adopt the Report and Recommendation.
ACCORDINGLY, on this 2nd day of December 2013, IT IS HEREBY ORDERED
THAT:
1.

Magistrate Judge Carlson’s Report and Recommendation (Doc. No. 135)
recommending that the Court grant Defendant Famiglio’s motion for summary
judgment is ADOPTED;

2.

Plaintiff’s objections (Doc. No. 137) are OVERRULED;

3.

Defendant Famiglio’s motion for summary judgment (Doc. No. 80) is

GRANTED;
4.

The Clerk of Court shall defer entering judgment until all claims are adjudicated.;
and

5.

All further proceedings and resolution of pending motions in this action,
including the Department of Corrections Defendants’ pending motion for
summary judgment (Doc. No. 109) and Plaintiff’s motion to deny Defendants’
summary judgment motion (Doc. No. 141), are referred to Magistrate Judge
Carlson.
s/ Yvette Kane
Yvette Kane, District Judge
U.S. District Court
Middle District of Pennsylvania

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