Porter v. Zickfoose et al

Filing 32

ORDER: 1) The court adopts the r and r of MJ Mehalchick 30 .2) Dfts mtn to dismiss and/or for summary judgment 19 is GRANTED IN PART and DENIED IN PART as follows:a) DENIED as it pertains to Porters excessive force claim against Dft Muthler,witho ut prejudice to filing a subsequent mtn for summary judgment after discovery has been completed; andb) GRANTED as to all other Dfts and Dfts Cerney, Cienki, Craig, Eddy, Gabrielson, Heath, Hottenstein, Hughes, Jenkins, Johnson, Marr, Shiposh, Simpler , Temple, and Zickefose are dismissed from this action.2) Pltfs mtn for an evidentiary hearing 26 is DENIED.3) This matter is remanded to MJ Mehalchick. Signed by Honorable Sylvia H. Rambo on 9/2/15. (ma) (Main Document 32 replaced on 9/2/2015) (ma).

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
LEROY PORTER,
Plaintiff
v.
DONNA ZICKEFOOSE,
Warden, et al.,
Defendants

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CIVIL NO. 1:14-CV-1675
(Judge Rambo)
(Magistrate Judge Mehalchick)

ORDER
Before the court is an August 10, 2015 report and recommendation
(Doc. 30) by the magistrate judge to whom this matter was referred in which she
recommends that Defendants’ motion to dismiss and/or for summary judgment (Doc.
19) be granted in part and denied in part, and that Plaintiff’s motion for an
evidentiary hearing (Doc. 26) be denied. Objections to the report and
recommendation were due no later than August 27, 2015 and, to date, no objections
have been filed.
Therefore, upon independent review of the record and the applicable
law, IT IS HEREBY ORDERED THAT:
1) The court adopts the report and recommendation of Magistrate Judge
Mehalchick (Doc.30).
2) Defendants’ motion to dismiss and/or for summary judgment (Doc.
19) is GRANTED IN PART and DENIED IN PART as follows:

DENIED

GRANTED

DENIED

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