Hardwick v. Packer et al

Filing 41

ORDER - IT IS HEREBY ORDERED 1)The Court ADOPTS the REPORT AND RECOMMENDATION of MJ Blewitt. 2)The Clerk of Court shall enter Judgment in favor of Defendant Warden Thomas and against Plaintiff. 3)The Clerk of Court shall enter Judgment in favor of Defendant CO Packer and against Plaintiff. 4) Plaintiffs Motion for Extension of Time to file a sur-reply brief (Doc. No. 39) is DENIED.5) The Clerk of Court shall close this case. 40 15 Signed by Chief Judge Yvette Kane on August 6, 2013. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
LEONARDO HARDWICK
Plaintiff
v.
R. PACKER, et al.
Defendants

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CIVIL ACTION NO. 1:12-cv-1936
(Chief Judge Kane)
(Magistrate Judge Blewitt)

ORDER
Before the Court in the above-captioned action is a July 16, 2013 Report and
Recommendation of the Magistrate Judge. No timely objections have been filed.
AND NOW, upon review of the record and the applicable law, IT IS HEREBY
ORDERED THAT:
1) The Court adopts the Report and Recommendation of Magistrate Judge
Blewitt.
2) Defendants’ Motion to Dismiss, or for Summary Judgment (Doc. No. 15) is
converted into a summary judgment motion and GRANTED to the extent that it seeks
summary judgment with respect to all of Plaintiff’s constitutional claims against
Defendant Warden Thomas. The Clerk of Court shall enter Judgment in favor of
Defendant Warden Thomas and against Plaintiff.
3) Defendants’ Motion for Summary Judgment is GRANTED as to Plaintiff’s
claims of conspiracy, of excessive force and of retaliation as against Defendant CO
Packer. The Clerk of Court shall enter Judgment in favor of Defendant CO Packer and
against Plaintiff.
4) Plaintiff’s Motion for Extension of Time to file a sur-reply brief (Doc. No. 39) is

DENIED.
5) The Clerk of Court shall close this case.

S/ Yvette Kane
YVETTE KANE, Chief Judge
Middle District of Pennsylvania
Dated: August 6, 2013