Vargas Torres v. Harris et al

Filing 104

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED that 69 and 81 Plaintiff's motions for summary judgment are DENIED. 90 Defendants' motion for summary judgment is GRANTED. Plaintiff's state law claim of negligent failure to intervene is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction pursuant to 28 U.S.C. § 1367(c)(1). Clerk of Court is directed to ENTER JUDGMENT in favor of Defendants and against Plaintiff on all claims remaining. Clerk of Court is directed to CLOSE this matter. Signed by Honorable Matthew W. Brann on 5/29/2020. (lg)

Case 4:17-cv-01977-MWB-MA Document 104 Filed 05/29/20 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
No. 4:17-CV-01977

HECTOR VARGAS TORRES,

(Judge Brann)

Plaintiff,
v.
CAPT. B. HARRIS, et al.,
Defendants.
ORDER
MAY 29, 2020

In accordance with the accompanying Memorandum Opinion, IT IS
HEREBY ORDERED that:
1.

Plaintiff’s motions for summary judgment, Docs. 69 and 81, are
DENIED;

2.

Defendants’ motion for summary judgment, Doc. 90, is GRANTED;

3.

Plaintiff’s state law claim of negligent failure to intervene is
DISMISSED WITHOUT PREJUDICE for lack of jurisdiction
pursuant to 28 U.S.C. § 1367(c)(1);

4.

The Clerk of Court is directed to ENTER JUDGMENT in favor of
Defendants 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