Cooper v. Pennsylvania Department of Corrections et al

Filing 109

ORDER (memorandum filed previously as separate docket entry) - IT IS ORDERED THAT: 1. The Clerk of Court is directed to TERMINATE Defendant Pennsylvania Department of Corrections from this action in accordance with the Courts March 31, 2016 Order; 2. Defendants motion for summary judgment (Doc. No. 93) is GRANTED IN PART and DENIED IN PART as follows: a. Defendants motion (Doc. No. 93) is GRANTED with respect to Plaintiffs due process claim regarding Misconduct B384789 (the September 7, 2011 mis conduct), and the Clerk of Court is directed to defer the entry of judgment in favor of Defendants on this claim until the conclusion of the above-captioned proceedings; b. Defendants motion (Doc. No. 93) is DENIED with respect to Plaintiffs First Am endment retaliation claim and due process claim regarding Misconduct B384784 (the September 6, 2011 misconduct); and 3. A separate Order scheduling a status conference in the above-captioned action shall issue. Signed by Honorable Yvette Kane on 6/7/2019. (ve)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JAMIL COOPER,
Plaintiff
v.
PENNSYLVANIA DEPARTMENT
OF CORRECTIONS, et al.,
Defendants

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No. 1:12-cv-1186
(Judge Kane)

ORDER
AND NOW, on this 7th day of June 2019, in accordance with the Memorandum issued
concurrently with this Order, IT IS ORDERED THAT:
1. The Clerk of Court is directed to TERMINATE Defendant Pennsylvania Department
of Corrections from this action in accordance with the Court’s March 31, 2016 Order;
2. Defendants’ motion for summary judgment (Doc. No. 93) is GRANTED IN PART
and DENIED IN PART as follows:
a. Defendants’ motion (Doc. No. 93) is GRANTED with respect to Plaintiff’s
due process claim regarding Misconduct B384789 (the September 7, 2011
misconduct), and the Clerk of Court is directed to defer the entry of judgment
in favor of Defendants on this claim until the conclusion of the abovecaptioned proceedings;
b. Defendants’ motion (Doc. No. 93) is DENIED with respect to Plaintiff’s First
Amendment retaliation claim and due process claim regarding Misconduct
B384784 (the September 6, 2011 misconduct); and
3. A separate Order scheduling a status conference in the above-captioned action shall
issue.

s/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania