Yeh v. United States Bureau of Prisons et al

Filing 82

ORDER (memorandum filed previously as separate docket entry); ADOPTING REPORT AND RECOMMENDATION of Magistrate Carlson in part; Motion for judgment is DENIED re cause of action under the Rehabilitation Act/GRANTED re Mootnes; Clerk of Court is directed to enter judgment in favor of the dfts and CLOSE this case..Signed by Honorable James M. Munley on 08/06/19. (sm)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
:
No. 3:18cv943
Plaintiff
:
:
(Judge Munley)
v.
:
:
(Magistrate Judge Carlson)
UNITED STATES BUREAU OF
:
PRISONS; HUGH J. HURWITZ,
:
Director of the BOP; J. RAY
:
ORMOND, Regional Director of the
:
BOP, Northeast Region; SCOTT
:
FINLEY, Warden of FCI Schuylkill,
:
Defendants
:
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
JOHN TC YEH,

ORDER
AND NOW, to wit, this 6th day of August 2019, it is hereby ORDERED as
follows:
1) The report and recommendation of Magistrate Judge Carlson (Doc. 78) is
ADOPTED in part and NOT ADOPTED in part;
2) The report and recommendation is adopted insofar as the defendants’
motion for judgment on the pleadings (Doc. 59) is DENIED with respect to
whether the plaintiff has a cause of action under the Rehabilitation Act;
3) The report and recommendation is not adopted insofar as the defendants’
motion for judgment on the pleadings (Doc. 59) is GRANTED with respect
to mootness;

4) The Clerk of Court is directed to enter judgment in favor of the defendants
and against the plaintiff; and
5) The Clerk of Court is directed to close this case.

BY THE COURT:
s/ James M. Munley
JUDGE JAMES M. MUNLEY
United States District Judge

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