Murray v. Wetzel et al

Filing 179

ORDER granting 166 Motion to Alter Judgment. The Court's 3/29/21 memorandum opinion (Doc. 163) and order (Doc. 164) are VACATED in part, as more fully explained in the accompanying Memorandum. The portion of the Court's 3/29/21 order gr anting defendant Loretta DeBoer's motion (Doc. 133) for summary judgment remains undisturbed. The DOC defendants' motion (Doc. 135) for summary judgment is GRANTED in part and DENIED in part. The 3/29/21 judgment (Doc. 165) entered against Murray and in favor of all defendants is VACATED. Entry of judgment in favor of defendants Loretta DeBoer, James Marsico, and George Miller shall be DEFERRED pending resolution of Murray's remaining claims. Murray's motion (Doc. 176) to deem his Rule 59(e) motion unopposed is DISMISSED as moot. Clerk of Court to REOPEN this case. See Order for full details. Signed by Honorable Robert D. Mariani on 11/23/21 (jam)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

BRAY JIBRIL MURRAY,

Civil No. 1: 17-cv-1637
(Judge Mariani)

Plaintiff
V.

SECRETARY JOHN E. WETZEL, et al.,
Defendants
~

AND NOW, this

ORDER

~ day of November 2021, upon consideration of Plaintiff Bray

Jibril Murray's motion (Doc. 166) to alter or amend judgment under Federal Rule of Civil
Procedure 59(e), and for the reasons set forth in the accompanying Memorandum, IT IS
HEREBY ORDERED THAT:

1.

Murray's motion (Doc. 166) to alter or amend judgment is GRANTED.

2.

The Court's March 29, 2021 memorandum opinion (Doc. 163) and order
(Doc. 164) are VACATED in part, as more fully explained in the
accompanying Memorandum.

3.

The portion of the Court's March 29, 2021 order granting defendant Loretta
DeBoer's motion (Doc. 133) for summary judgment pursuant to Federal Rule
of Civil Procedure 56 remains undisturbed.

4.

The DOC defendants' motion (Doc. 135) for summary judgment pursuant to
Federal Rule of Civil Procedure 56 is GRANTED in part and DENIED in part,
as follows:
a.

The motion is GRANTED as to Murray's Eighth Amendment claims
against DOC defendants James Marsico and George Miller.

b.

The motion is DENIED in all other respects.

5.

The March 29, 2021 judgment (Doc. 165) entered against Murray and in favor
of all defendants is VACATED.

6.

Entry of judgment in favor of defendants Loretta DeBoer, James Marsico, and
George Miller shall be DEFERRED pending resolution of Murray's remaining
claims.

7.

Murray's motion (Doc. 176) to deem his Rule 59(e) motion unopposed is
DISMISSED as moot.

8.

The Clerk of Court is directed to REOPEN this case.