Pressley v. Huber et al

Filing 142

ORDER (memorandum filed previously as separate docket entry)1.Plaintiffs motion for relief from the March 21, 2017 Order pursuant to Fed.R.Civ.P. 60(b), (Doc. 126), is DENIED AS PREMATURE. 2.Insofar as plaintiffs Doc. 126 motion is construed as a motion for reconsideration with respect to the March 21, 2017 Order, it is GRANTED.(SEE ORDER FOR DETAILS)Signed by Honorable Malachy E Mannion on 8/1/17. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
SEAN PRESSLEY,
Plaintiff,

:

ADAM HUBER, et al.,
Defendants

CIVIL NO. 3:08-0449

:

v.

:

(MANNION, D.J.)
(MEHALCHICK, M.J.)

:
:
ORDER

In accordance with the accompanying Memorandum, IT IS HEREBY
ORDERED:
1.

Plaintiff’s motion for relief from the March 21, 2017 Order
pursuant to Fed.R.Civ.P. 60(b), (Doc. 126), is DENIED AS
PREMATURE.

2.

Insofar as plaintiff’s Doc. 126 motion is construed as a motion for
reconsideration with respect to the March 21, 2017 Order, it is
GRANTED.

3.

The March 21, 2017 Order, (Doc. 123), is VACATED to the extent
that it granted defendants’ (Doc. 99) summary judgment motion
with respect to plaintiff’s failure to protect claim.

4.

The March 21, 2017 Memorandum, (Doc. 122), and Order, (Doc.
123), are also VACATED with respect to the finding that plaintiff
failed to exhaust his administrative remedies under DC-ADM-804
of the DOC’s grievance policy regarding his failure to protect and
excessive force claims.

5.

The March 21, 2017 Order, (Doc. 123), SHALL REMAIN IN
EFFECT to the extent that it granted defendants’ (Doc. 99)
summary judgment motion on the merits with respect to plaintiff’s
due process cost assessment claim.

6.

The court RECOMMITS this case to Judge Mehalchick and
suggests that she issue an Order permitting the parties time to file
summary judgment motions regarding the exhaustion issue under
DC-ADM-804 with respect to plaintiff’s failure to protect and
excessive force claims.
s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge

Dated: August 1, 2017
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2008 MEMORANDA\08-0449-02 Order.wpd