Washington-El v. Collins et al

Filing 98

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; ORDER REFERRING CASE to Magistrate Judge Martin C. Carlson; 1) Plantiff's objections 93 to the Report and Recommendation are overruled. 2) The Report and Recommendation 89 is adopted. 3) Defendant s' motion for summary judgment 54 is granted in part and denied in part 4) Counts two(2) and four (4) of Plaintiff's amended complaint 7 are dismissed with prejudice and all other remaining counts of Plaintiff's Amended Complaint [ 7] are permitted to proceed 5) Plaintiff's motion to strike defendant's brief in support of the Report and Recommendation 95 is denied and 6) The matter is remanded to Magistrate Judge Martin C. Carlson for further proceedings, including a plenary hearing on the question of whether exhaustion of Plaintiff's remaining claims occured. Signed by Honorable William J. Nealon on 3/10/15. (ts)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
CHRIS WASHINGTON-EL,
Plaintiff
v.
ROBERT COLLINS, ET AL.,
Defendants

:
:
:
:
:
:
:

CIVIL NO. 3:12-CV-1979
(JUDGE NEALON)
(MAGISTRATE JUDGE CARLSON)

ORDER
NOW, THIS 10th DAY OF MARCH, 2015, for the reasons stated in the
Memorandum issued this date, IT IS HEREBY ORDERED THAT:
1.

Plaintiff’s objections, (Doc. 93), to the Report and Recommendation,
are OVERRULED;

2.

The Report and Recommendation, (Doc. 89), is ADOPTED;

3.

Defendants’ motion for summary judgment, (Doc. 54), is GRANTED
IN PART and DENIED IN PART;

4.

Counts two (2) and four (4) of Plaintiff’s Amended Complaint, (Doc.
7), are DISMISSED WITH PREJUDICE, and all other remaining
counts of Plaintiff’s Amended Complaint, (Doc. 7), are
PERMITTED TO PROCEED;

5.

Plaintiff’s Motion to Strike Defendant’s Brief in Support of the
Report and Recommendation, (Doc. 95), is DENIED; and

6.

The matter is remanded to Magistrate Judge Martin C. Carlson for
further proceedings, including a plenary hearing on the question of
whether exhaustion of Plaintiff’s remaining claims occurred.
/s/ William J. Nealon
United States District Judge