McCain v. Wetzel et al

Filing 339

MEMORANDUM re MOTION for Summary Judgment 289 and the REPORT AND RECOMMENDATIONS 335 (Order to follow as separate docket entry)Signed by Honorable Sylvia H. Rambo on 7/5/16. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
AMIR HAKIM MCCAIN
a/k/a JOHN MCCAIN,
Plaintiff,
v.
JOHN E. WETZEL, et al.,
Defendants.

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Civ. No. 1:12-cv-0789

Judge Rambo
Magistrate Judge Schwab

MEMORANDUM
Before the court is a report and recommendation filed by the magistrate
judge in which she recommends that Plaintiff John McCain’s motion for summary
judgment on the remaining issues be denied. (Doc. 335.) No objection to the report
and recommendation has been filed. The report and recommendation is ripe for
disposition.
McCain filed this pro se civil rights action pursuant to 42 U.S.C. § 1983.
(Doc. 1.) After several reports and recommendations, the only remaining claim is
an Eighth Amendment sexual abuse claim against Defendant Roegner. The
magistrate judge found that McCain is not entitled to judgment as a matter of law
because there are genuine issues of disputed material facts in this case. McCain
himself acknowledged that there are disputed facts. (Doc. 325 at pp. 2, 3, 4 & 5.)
Based on the foregoing, the report and recommendation will be adopted.

s/Sylvia H. Rambo
SYLVIA H. RAMBO
United States District Judge
Dated: July 5, 2016