Quinn v. Tritt et al

Filing 59

ORDER (memorandum filed previously as separate docket entry) The R & R is adopted in part and not adopted in part. (See order for details).ORDER REFERRING CASE to Magistrate Judge Karoline Mehalchick for further proceedings including mot. to dismiss (doc. 32) and mot. to compel (doc. 44). Signed by Honorable Malachy E Mannion on 9/30/19. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
PHILLIP QUINN

:

Plaintiff

:
:

v.
BRENDA L. TRITT, et al.

CIVIL ACTION NO. 3:18-632
(MANNION, D.J.)
(MEHALCHICK, M.J.)

:

Defendants

:
ORDER

In accordance with the memorandum issued this same day, IT IS
HEREBY ORDERED THAT:
(1) the Report of the magistrate judge, (Doc. 57), is ADOPTED in part
and NOT ADOPTED in part.
(2) The Report is ADOPTED as follows:
a. The DOC defendants’ motion for summary judgment (Doc.
31) with respect to Grievance Nos. 686690, 689239, 690125,
692819, and 704699 is GRANTED in favor of the DOC
defendants due to the plaintiff’s failure to fully exhaust his
administrative remedies;
b. the DOC defendants’ motion for summary judgment (Doc. 31)
with respect to Grievance Nos. 630487 and 640217 is
GRANTED in favor of the DOC defendants due to the

plaintiff’s failure to properly exhaust his administrative
remedies.
c. the DOC defendants’ motion for summary judgment (Doc. 31)
with respect to Grievance No. 647581 is GRANTED in favor
of Kathy Brittain, Joseph Sankus, Brenda Tritt and DENIED
as to Daniel Rhome;
(3) the Report is NOT ADOPTED to the extent it that it recommends
the SCWA defendants’ motion to dismiss, (Doc. 32), and Quinn’s
motion to compel discovery, (Doc. 44), be denied as moot, and to
the extent that it recommends Quinn’s state law negligence claim
against the DOC defendants and SCWA defendants be dismissed
without prejudice and remanded to the Schuylkill County Court of
Common Pleas.
(4) the instant action is REMANDED to the magistrate judge for all
further proceedings, including consideration of SCWA defendants’
motion to dismiss (Doc. 32) and the plaintiff’s motion to compel
discovery (Doc. 44).
s/ Malachy

E. Mannion

MALACHY E. MANNION
United States District Judge

DATE: September 30, 2019
18-632-01-Order

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