Stroman v. Pennsylvania Dept. Of Corrections et al

Filing 53

ORDER (Memorandum 52 filed previously as separate docket entry) GRANTING in PART & DENYING in part MSJ 41 .. (see Paras 1a-b for specifics), GRANTING MTD 41 ... (see Paras 2a-b for specifics), & directing defts Eberling & Hemcher to file answer to remaining claims in pltf's amended complaing 37 or appropriate pretrial motion by 3/14/19. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 2/26/19. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MAURICE STROMAN,

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Plaintiff
v.
JOHN WETZEL, et al.,
Defendants

CIVIL NO. 1:16-CV-2543
(Chief Judge Conner)

ORDER
AND NOW, this 26th day of February, 2019, upon consideration of
defendants’ motion (Doc. 41) to dismiss pursuant to Federal Rule of Civil Procedure
12(b)(6) or, in the alternative, for summary judgment pursuant to Federal Rule of
Civil Procedure 56, and for the reasons set forth in the court’s memorandum of the
same date, it is hereby ORDERED that:
1.

The motion (Doc. 41) for summary judgment on the ground of failure
to exhaust is GRANTED in part and DENIED in part as follows:
a.

b.
2.

The motion is GRANTED with respect to the claims in
grievance number 622195 based on plaintiff’s failure to exhaust
the available administrative remedies. Entry of judgment is
deferred pending further order of court.
The motion is DENIED based on failure to exhaust the claims
against Wetzel, Tice, and Eberling.

The motion (Doc. 41) to dismiss is GRANTED as follows:
a.

The motion is GRANTED with respect to the claims against
defendants Wetzel and Tice based on lack of personal
involvement. The Clerk of Court is directed to TERMINATE
John Wetzel and Eric Tice as parties to this action.

b.

3.

The motion is GRANTED with respect to plaintiff’s First, Fifth,
and Fourteenth Amendment claims, official capacity claims, and
state law claim of defamation. These claims are DISMISSED in
their entirety.

Defendants Eberling and Hemcher shall file an answer to the
remaining claims in plaintiff’s amended complaint (Doc. 37) or
appropriate pretrial motion on or before March 14, 2019.

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