West v. Miller et al

Filing 38

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED THAT: 1. Wests motion for reconsideration (Doc. No. 27) is GRANTED.2. Defendants second motion for enlargement of time (Doc. NO. 34) to file a brief in opposition to Wests motion for reconsideration is DENIED as moot.3. Defendants motion to dismiss the complaint and/or for summary judgment (Doc. 12) is GRANTED as set forth below. 4. Wests claim for damages against Defendant Harding with respect to Incident Report 2483187 is DISMISSED pursuant to Heck and Edwards. 5. Summary judgment is entered in favor of Defendants and against West for Wests failure to exhaust administrativeremedies. 34 27 Signed by Honorable Yvette Kane on 8/24/16. SEE ORDER. (sc)

UNITED STATES DISTRICT COURT
FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA
GERALD A. WEST,
Plaintiff
vs.
LIEUTENANT MILLER, et al.,
Defendants

:
:
:
:
:
:
:
:
:

No. 1:15-CV-00858
(Judge Kane)

ORDER
In accordance with the accompanying memorandum, IT IS
HEREBY ORDERED THAT:
1.

West’s motion for reconsideration (Doc. No. 27) is

2.

Defendants’ second motion for enlargement of time

GRANTED.1

(Doc. NO. 34) to file a brief in opposition to West’s motion for
reconsideration is DENIED as moot.
3.

Defendants’ motion to dismiss the complaint and/or

for summary judgment (Doc. 12) is GRANTED as set forth below.
4.

West’s claim for damages against Defendant Harding

with respect to Incident Report 2483187 is DISMISSED pursuant to
Heck and Edwards.
5.

Summary judgment is entered in favor of Defendants

and against West for West’s failure to exhaust administrative
remedies.

1. This case is presently closed and there is no need for the
Clerk to reopen the case in light of paragraph 2 through 5.

6.

The Clerk of Court shall enter judgment in favor of

the Defendants and against Plaintiff as set forth in paragraphs 5.

S/ Yvette Kane
Yvette Kane
United States District Judge

Date: August 23, 2016

2