Martinez v. Jones et al

Filing 55

ORDER ADOPTING 51 REPORT AND RECOMMENDATIONS; granting in part and denying in part 33 Motion for Summary Judgment. The matter is RECOMMITTED to Magistrate Judge Carlson. Signed by Honorable A. Richard Caputo on 9/7/16. (jam)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA JUAN MARTINEZ, NO. 3:12-CV-1547 Petitioner, v. (JUDGE CAPUTO) SGT. B. JONES, et al., (MAGISTRATE JUDGE CARLSON) Defendants. ORDER NOW, this 7th day of September, 2016, IT IS HEREBY ORDERED that: (1) Magistrate Judge Carlson’s Report and Recommendation (Doc. 51) is ADOPTED in its entirety. (2) Defendants’ motion for summary judgment is DENIED as to the plaintiff’s claims of excessive force brought against Defendants Jones, Ayres, Arbogast, Simpson, Long, Kinsey and Cooksey. (3) Defendants’ motion for summary judgment is GRANTED as to all other claims, which are DISMISSED with prejudice. (4) The matter is RECOMMITTED to Magistrate Judge Carlson. /s/ A. Richard Caputo A. Richard Caputo United States District Judge

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