v. Beckwith et al

Filing 20

ORDER : IT IS HEREBY ORDERED THAT: 1. Motion for Summary Judgment (Doc. 14) is GRANTED. 2. Motion to Dismiss (Doc. 14) is GRANTED. 3. Clerk of Court is directed to CLOSE this action. 4. Any appeal from this Order is DEEMED frivolous and not in good faith. See Order for additional, specific details. Signed by Honorable Robert D. Mariani on 8/15/17 (jam)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
Civil No. 3:16-cv-1330

TIMOTHY L. BECKWITH,

(Judge Mariani)

Plaintiff

v.
FEDERAL BUREAU OF PRISONS,
JOHN MITCHELL, L. ENNIS,
Defendants

AND NOW,

this~

ORDER
day of August, 2017, upon consideration of Defendants'

motion (Doc. 14) to dismiss or, in the alternative, for summary judgment, and for the
reasons set forth in the Court's Memorandum of the same date, IT IS HEREBY ORDERED

THAT:
1.

The unopposed motion (Doc. 14) for summary judgment is GRANTED as
follows:
a.

b.

2.

The Federal Bureau of Prisons is DISMISSED as a party to the Bivens
claim.
Defendants' motion for summary judgment is GRANTED as to
Plaintiffs Bivens claim for failure to exhaust available administrative
remedies. Judgment shall be ENTERED in favor of Defendants John
Mitchell and L. Ennis as to the Bivens claim, and against Plaintiff
Timothy Beckwith.

The unopposed motion (Doc. 14) to dismiss is GRANTED as follows:
a.

Defendants Federal Bureau of Prisons, John Mitchell, and L. Ennis are
DISMISSED as parties to the FTCA claim. The United States is

substituted as the sole Defendant in Plaintiffs FTCA claim.
b.

The FTCA claim against the United States is DISMISSED.

3.

The Clerk of Court is directed to CLOSE this action.

4.

Any appeal from this Order is DEEMED frivolous and not in good faith. See
28 U.S.C. § 1915(a)(3).

2