Ealy v. Sullen et al

Filing 42

ORDER (memorandum filed previously as separate docket entry), deeming as UNOPPOSED 33 MOTION for Summary Judgment filed by Suzanne Murphy, Prison Medical Provider.,; Clerk of Court is directed to enter judgment in favor of dfts Prison Medical Provider and Murphy, and CLOSE this case; any appeal from this order is deemed frivolous and not in good faith. Signed by Honorable James M. Munley on 3/21/16. (sm)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA VERNON L. EALY, JR., : Plaintiff : : v. : : MR. SULLEN, CAPTAIN OF : SECURITY, et al., : : Defendants : CIVIL NO. 3:13-CV-2782 (Judge Munley) :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ORDER AND NOW, to wit, this 21st day of March 2016, upon consideration of defendants’ motion (Doc. 33) 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. Defendants’ motion (Doc. 33) for summary judgment is DEEMED unopposed and GRANTED. 2. The Clerk of Court is directed to ENTER judgment in favor of defendants Prison Medical Provider and Murphy and against plaintiff. 3. The Clerk of Court is further directed to CLOSE this case. 4. Any appeal from this order is DEEMED frivolous and not in good faith. See 28 U.S.C. § 1915(a)(3). BY THE COURT: s/James M. Munley JUDGE JAMES M. MUNLEY United States District Court

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