Wyatt v. Malisko et al

Filing 103

ORDER (memorandum filed previously as separate docket entry) - IT IS ORDERED AS FOLLOWS: 1. The report and recommendation issued by United States Magistrate Judge Joseph F. Saporito, Jr. (Doc. 94) is ADOPTED IN ITS ENTIRETY. 2. The parties objections (Docs. 95, 97) are OVERRULED. 3. Wyatts Fifth Amendment and Fourteenth Amendment claims are DISMISSEDWITH PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and 28 U.S.C. § 1915A(b)(1). 4. Defendants motion for summary judgment (Doc. 85) is DENIED IN PART AND GRANTED IN PART. The motion is denied with respect to Plaintiffs retaliation claims and granted in all other respects. Accordingly, Defendants are granted summary judgment as to Plaintiffs excessive force, access to courts, medi cal care, and conditions of confinement claims. 5. A status conference is scheduled for June 24, 2020 at 10:30 a.m. to discuss a schedule for the remainder of this case. The conference will be by telephone. Counsel for Plaintiff shall initiate the call by calling chambers at [phone] after all parties are on the line. Signed by Honorable Jennifer P. Wilson on 6/4/2020. (ve)

Case 3:16-cv-01438-JPW Document 103 Filed 06/04/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
TARIQ WYATT,
Plaintiff,
v.
LIEUTENANT BUTTS, et al.,
Defendants.

: Civil No. 3:16-CV-01438
:
:
:
: Judge Jennifer P. Wilson
:
:
:
:
: Magistrate Judge Joseph F. Saporito, Jr.
ORDER

AND NOW, on this 4th day of June, 2020, for the reasons set forth in the
accompanying memorandum, IT IS ORDERED AS FOLLOWS:
1. The report and recommendation issued by United States Magistrate Judge
Joseph F. Saporito, Jr. (Doc. 94) is ADOPTED IN ITS ENTIRETY.
2. The parties’ objections (Docs. 95, 97) are OVERRULED.
3. Wyatt’s Fifth Amendment and Fourteenth Amendment claims are
DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. §
1915(e)(2)(B)(ii) and 28 U.S.C. § 1915A(b)(1).
4. Defendants’ motion for summary judgment (Doc. 85) is DENIED IN
PART AND GRANTED IN PART. The motion is denied with respect to
Plaintiff’s retaliation claims and granted in all other respects. Accordingly,
Defendants are granted summary judgment as to Plaintiff’s excessive force,
access to courts, medical care, and conditions of confinement claims.

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Case 3:16-cv-01438-JPW Document 103 Filed 06/04/20 Page 2 of 2

5. A status conference is scheduled for June 24, 2020 at 10:30 a.m. to discuss
a schedule for the remainder of this case. The conference will be by
telephone. Counsel for Plaintiff shall initiate the call by calling chambers at
[phone] after all parties are on the line.
s/Jennifer P. Wilson
JENNIFER P. WILSON
United States District Court Judge
Middle District of Pennsylvania

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