MILTON v. UNITED STATES DEPARTMENT OF JUSTICE BUREAU OF PRISONS et al

Filing 67

ORDER (memorandum filed previously as separate docket entry). IT IS ORDERED THAT: 1. Plaintiffs motion for reconsideration (Doc. Nos. 61, 64 at 1) is GRANTED as unopposed; 2. Defendants motion to dismiss and for summary judgment (Doc. 33) is GRANTED as set forth below: a. Plaintiffs claims against the John and Jane Doe Defendants are DISMISSED WITH PREJUDICE; b. Plaintiffs claims against the Bureau of Prisons and the individual Defendants in their official capacities are DISMISSED WITH PREJUDICE ; c. Plaintiffs claims against Defendants with respect to June 2011 charges, the July 28, 2011 hearing, and the April 5, 2012 rehearing are DISMISSED WITHOUT PREJUDICE pursuant to Heck v. Humphrey; d. Plaintiffs claims related to the alleged interfer ence with his mail are DISMISSED WITHOUT PREJUDICE; e. Plaintiffs claims against Defendants Samuels, Nalley and Norwood are DISMISSED WITHOUT PREJUDICE for failure to adequately allege supervisory liability;f. Summary judgment is entered against Plai ntiff and in favor of Defendants Nye, Johnson, Reeves, and Cerney on Plaintiffs due process claims relating to the January 2011 and March 2011 charges; The Clerk of Court shall enter judgment in favor of Defendants and against Plaintiff as set forth in subparagraph (f); and 3. Having found that granting leave to file an amended complaint is futile, the above-captioned action shall remain closed. Signed by Honorable Yvette Kane on 3/28/17. (rw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
GREGORY A. MILTON,
Plaintiff
vs.
UNITED STATES BUREAU OF
PRISONS, et al.,
Defendants

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No. 1:13-cv-02673
(Judge Kane)

ORDER
AND NOW, on this 28th day of March 2017, in accordance with the accompanying
memorandum, IT IS ORDERED THAT:
1. Plaintiff’s motion for reconsideration (Doc. Nos. 61, 64 at 1) is GRANTED as
unopposed;
2. Defendants’ motion to dismiss and for summary judgment (Doc. 33) is
GRANTED as set forth below:
a. Plaintiff’s claims against the John and Jane Doe Defendants are
DISMISSED WITH PREJUDICE;
b.

Plaintiff’s claims against the Bureau of Prisons and the individual
Defendants in their official capacities are DISMISSED WITH
PREJUDICE;

c. Plaintiff’s claims against Defendants with respect to June 2011 charges,
the July 28, 2011 hearing, and the April 5, 2012 rehearing are
DISMISSED WITHOUT PREJUDICE pursuant to Heck v. Humphrey;
d. Plaintiff’s claims related to the alleged interference with his mail are
DISMISSED WITHOUT PREJUDICE;
e. Plaintiff’s claims against Defendants Samuels, Nalley and Norwood are
DISMISSED WITHOUT PREJUDICE for failure to adequately allege
supervisory liability;
f. Summary judgment is entered against Plaintiff and in favor of Defendants
Nye, Johnson, Reeves, and Cerney on Plaintiff’s due process claims
relating to the January 2011 and March 2011 charges;

g. The Clerk of Court shall enter judgment in favor of Defendants and
against Plaintiff as set forth in subparagraph (f); and
3. Having found that granting leave to file an amended complaint is futile, the
above-captioned action shall remain closed.

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