Abney v. Younker et al

Filing 111

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED THAT: 1.MJ Schwabs R&R (Doc. No. 95) is ADOPTED; 2.Plaintiffs objections (Doc. No. 97) are OVERRULED; 3.Defendants motion for summary judgment (Doc. No. 52) is GRANTE D IN PART and DENIED IN PART; 4.Counts III and V of Plaintiffs Complaint (Doc. No. 1) are DISMISSED WITH PREJUDICE; and 5.The above-captioned action is referred back to MJ Schwab for further proceedings. 52 95 Signed by Honorable Yvette Kane on 2/4/15. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
CLARENCE ABNEY,
Plaintiff
v.
CALEB YOUNKER, et al.,
Defendants

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No. 1:13-cv-01418
(Judge Kane)
(Magistrate Judge Schwab)

ORDER
AND NOW, on this 4th day of February, 2015, IT IS HEREBY ORDERED THAT:
1.

Magistrate Judge Schwab’s Report and Recommendation (Doc. No. 95) is
ADOPTED;

2.

Plaintiff’s objections (Doc. No. 97) are OVERRULED;

3.

Defendants’ motion for summary judgment (Doc. No. 52) is GRANTED IN
PART and DENIED IN PART;

4.

Counts III and V of Plaintiff’s Complaint (Doc. No. 1) are DISMISSED WITH
PREJUDICE; and

5.

The above-captioned action is referred back to Magistrate Judge Schwab for
further proceedings.

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