Hatten v. Bledsoe et al

Filing 56

ORDER: In accord with the memorandum 55 issued this date; 1. The R and R 43 are ADOPTED with respect to Dfts first mtn to dismiss 6 .2. The R and R concerning Dfts second mtn to dismiss and mtn for summary judgment 10 are ADOPTED with the foll owing ADDITIONS:a. Dft Bledsoe is dismissed from counts twelve, thirteen, and fourteen and dismissed as a party.b. Dfts Brewer, Crawley, Fosnot, Liesenfled, Treibley, and Zegarski are granted summary judgment on the 7/16/11 excessive force claim cont ained in count one. Dft Miller remains a dft. c. Dfts Brewer, Crawley, Fosnot, Liesenfled, and Treibley are granted summary judgment on the retaliation claimcontained in count two. Dfts Miller and Zegarski remain dfts.3. This case be remanded to MJ Mehalchick for further proceedings.Signed by Honorable William W. Caldwell on 10/28/14. (ma)

UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA
TIMOTHY LEE HATTEN,
Plaintiff
vs.

BRYAN BLEDSOE, Warden, et. al.
Defendant

:
:
:
: CIVIL NO. 1:13-CV-00209
:
:
:
:

ORDER
AND NOW, this 28th day of October, 2014, upon consideration of the
Report and Recommendation of Magistrate Judge Mehalchick (Doc. 43), and the
objections that were filed, it is ORDERED that:
1. The Report and Recommendation (Doc. 43) are ADOPTED with respect
to Defendants’ first motion to dismiss.
2. The Report and Recommendation concerning Defendant’s second
motion to dismiss and motion for summary judgment are ADOPTED with
the following ADDITIONS:
a. Defendant Bledsoe is dismissed from counts twelve, thirteen,
and fourteen and dismissed as a party.
b. Defendants Brewer, Crawley, Fosnot, Liesenfled, Treibley,
and Zegarski are granted summary judgment on the July 16,
2011 excessive force claim contained in count one. Defendant
Miller remains a defendant.
c. Defendants Brewer, Crawley, Fosnot, Liesenfled, and
Treibley are granted summary judgment on the retaliation claim
contained in count two. Defendants Miller and Zegarski remain
defendants.
3. This case be remanded to Magistrate Judge Mehalchick for further
proceedings.
/s/William W. Caldwell
William W. Caldwell
United States District Judge