Davis v. John and Jane Does et al

Filing 109

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED that 96 Defendants' Motion for Summary Judgment is granted; Clerk directed to enter judgment in favor of Defendance Tice, Harrish, Plummer, Smith, Johnston, Mc Coy, Coley, Houser, German, Walters, Fogel, Thomas, Oliver, Barnacle, Smeal and Wetzel and against Plaintiff on all remaining claims; Clerk directed to close this case. (See Order for further/complete details.) Signed by Honorable Matthew W. Brann on 3/31/2021. (lg) (Main Document 109 replaced on 3/31/2021 - to correct date) (lg). Modified on 3/31/2021 (lg).

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA PATRICK DAVIS, No. 4:17-CV-00818 Plaintiff, (Judge Brann) v. JOHN and JANE DOES, et al., Defendants. ORDER MARCH 31, 2021 In accordance with the accompanying Memorandum Opinion, IT IS HEREBY ORDERED that: 1. Defendants’ motion for summary judgment, Doc. 96, is GRANTED; 2. Plaintiff’s state law claims of assault, battery, negligence, and negligent infliction of emotional distress are DISMISSED WITHOUT PREJUDICE for lack of jurisdiction pursuant to 28 U.S.C. § 1367(c)(1); 3. Defendants John and Jane Does, Internal Security Officers, Internal Intelligence Officers, Gang Affiliation Officers, Post Officers, Miller, Chaplain John Doe, SNU Unit Managers, Program Review Committee Members, Deputy of Security, Deputy of Centralized Services, Deputy of Facility Management, and Gang Unit Supervisors Central Office are DISMISSED WITHOUT PREJUDICE; 4. The Clerk of Court is directed to ENTER JUDGMENT in favor of Defendants Tice, Harrish, Plummer, Smith, Johnston, McCoy, Coley, Houser, German, Walters, Fogel, Thomas, Oliver, Barnacle, Smeal, and Wetzel and as against Plaintiff on all claims remaining; and 5. The Clerk of Court is directed to CLOSE this matter. BY THE COURT: s/ Matthew W. Brann Matthew W. Brann United States District Judge 2

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