McClintic v. Bickell et al

Filing 36

ORDER (Memorandum 35 filed previously as separate docket entry) - It is hereby ORDERED that: 1. Defts' MSJ on limited issue of exhaustion 18 is GRANTED - Clrk of Ct directed to enter jdgmt in favor of defts & against pltf on all counts of co mplaint based on pltf's failure to exhaust available admin remedies.; 2. All other pending motions 28 & 33 are DISMISSED.; 3. Clrk of Ct further directed to CLOSE case.; 4. Any appeal from this order DEEMED frivolous & not in good faith. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 7/10/15. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JOHN MCCLINTIC,
Plaintiff

:
:
:
v.
:
:
SUPERINTENDENT TAB BICKELL, :
DEPUTY SUPER J.A. ECKARD,
:
CAPT. HARRIS, LT. JOHNSON,
:
LT. TAYLOR, D.D. MORNINGSTAR, :
Defendants
:

CIVIL NO. 1:14-CV-2005
(Chief Judge Conner)

ORDER
AND NOW, this 10th day of July, 2015, upon consideration of defendants’
motion for summary judgment on the limited issued of exhaustion (Doc. 18), and in
accordance with the court’s memorandum of the same date, it is hereby ORDERED
that:
1.

Defendants’ motion for summary judgment on the limited issued of
exhaustion (Doc. 18) is GRANTED. The Clerk of Court is directed to
ENTER judgment in favor of defendants and against plaintiff on all
counts of the complaint based on plaintiff’s failure to exhaust the
available administrative remedies.

2.

All other pending motions are DISMISSED. (Docs. 28, 33).

3.

The Clerk of Court is further directed to CLOSE this case.

4.

Any appeal from this order is DEEMED frivolous and not in good faith.
See 28 U.S.C. § 1915(a)(3).

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania