Kimmett v. Corbett et al

Filing 196

ORDER: In conformity with the Memorandum 195 issued this date, it is ORDERED that the report and recommendation 177 of Magistrate Judge Blewitt is adopted in part and rejected in part; defendants' motion 79 for summary judgment is granted ; plaintiff's motion 86 for summary judgment is denied; Count I of the second amended complaint 35 is dismissed with prejudice; Counts II and III of the second amended complaint 35 are dismissed without prejudice; final judgment is entered in favor of defendants and against plaintiff on Count I; the clerk is directed to close the case file. Signed by Honorable Matthew W. Brann on 4/22/13. (km)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
THOMAS D. KIMMETT,
Plaintiff,
v.
TOM CORBETT, et. al.,
Defendants.

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Civil Action No. 4:08-CV-1496
(Judge Brann)

(Magistrate Judge Blewitt)

ORDER
April 22, 2013
In conformity with the memorandum issued this date,
1.

The Report and Recommendation of Magistrate Judge Blewitt is
ADOPTED IN PART and REJECTED IN PART. Report and
Recommendation, June 24, 2011, ECF No. 177.

2.

Defendants’ Motion for Summary Judgment is GRANTED.
Defendant’s Motion for Summary Judgment, July 16, 2010, ECF No.
79.

3.

Plaintiff’s Motion for Summary Judgment is DENIED. Plaintiff’s
Motion for Partial Summary Judgment, July 16, 2010, ECF No. 86.

4.

Count I of the second amended complaint is DISMISSED WITH
PREJUDICE. Second Amended Complaint, March 3, 2009, ECF
No. 35.

5.

Counts II and III of the second amended complaint are DISMISSED
WITHOUT PREJUDICE. Second Amended Complaint, March 3,
2009, ECF No. 35.
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6.

Final Judgment is entered in favor of defendants and against plaintiff
on Count I.

7.

The clerk is directed to close the case file.

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge

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