YUAN v. HECKLER et al
Filing
28
MEMORANDUM OPINION AND ORDER, that 21 MOTION for Summary Judgment filed by MR. HEWITT, HAROLD T. HECKLER, RANSOM, THOMAS, GIRINELL, is GRANTED. The Clerk is directed to close the case. Signed by Judge Susan Paradise Baxter on 12/22/09. (lrw)
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
NING YUAN Plaintiff vs. HAROLD HECKLER, et al., Defendants.
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C.A.No. 08-201Erie Magistrate Judge Baxter
MEMORANDUM OPINION 1 Magistrate Judge Susan Paradise Baxter
A.
Relevant Procedural History On July 9, 2008, Plaintiff, a prisoner who was then incarcerated at SCI-Albion in
Albion, Pennsylvania, filed the instant action claiming that he has been the victim of several acts of retaliation by Defendants. As Defendants to this action, Plaintiff has named: Harold Heckler, School Principal; Correctional Officer Hewitt; Correctional Officer Grinnel; Sgt. Thomas; and Lt. Ransom. As relief, Plaintiff seeks monetary damages. Defendants have filed a motion for summary judgment. Document # 21. Despite being given the opportunity to do so, Plaintiff has not filed a brief in opposition to the pending dispositive motion. See Documents ## 24, 25 and 27.
In accordance with the provisions of 28 U.S.C. § 636(c)(1), the parties have voluntarily consented to have a United States Magistrate Judge conduct proceedings in this case, including the entry of a final judgment. Documents # 4, 15. 1
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B.
Standards of Review 1. Pro se Litigants
Pro se pleadings, "however inartfully pleaded," must be held to "less stringent standards than formal pleadings drafted by lawyers." Haines v. Kerner, 404 U.S. 519, 520-521 (1972). If the court can reasonably read pleadings to state a valid claim on which the litigant could prevail, it should do so despite failure to cite proper legal authority, confusion of legal theories, poor syntax and sentence construction, or litigant's unfamiliarity with pleading requirements. Boag v. MacDougall, 454 U.S. 364 (1982); United States ex rel. Montgomery v. Bierley, 141 F.2d 552, 555 (3d Cir. 1969)(petition prepared by a prisoner may be inartfully drawn and should be read "with a measure of tolerance"); Smith v. U.S. District Court, 956 F.2d 295 (D.C.Cir. 1992); Freeman v. Department of Corrections, 949 F.2d 360 (10th Cir. 1991). Under our liberal pleading rules, during the initial stages of litigation, a district court should construe all allegations in a complaint in favor of the complainant. Gibbs v. Roman, 116 F.3d 83 (3d Cir. 1997). See, e.g., Nami v. Fauver, 82 F.3d 63, 65 (3d Cir. 1996)(discussing Fed.R.Civ.P. 12(b)(6) standard); Markowitz v. Northeast Land Company, 906 F.2d 100, 103 (3d Cir. 1990)(same). Because Plaintiff is a pro se litigant, this Court will consider facts and make inferences where it is appropriate.
2.
Motion for summary judgment
Federal Rule of Civil Procedure 56(c)(2) provides that summary judgment shall be granted if the "pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment 2
as a matter of law." Rule 56(e) further provides that when a motion for summary judgment is made and supported, "an opposing party may not rely merely on allegations or denials in its own pleading; rather, its response must by affidavits or as otherwise provided in this rule set out specific facts showing a genuine issue for trial. If the opposing party does not so respond, summary judgment should, if appropriate, be entered against that party." A district court may grant summary judgment for the defendant when the plaintiff has failed to present any genuine issues of material fact. See Fed.R.Civ.P. 56(c); Krouse v. American Sterilizer Company, 126 F.3d 494, 500 n.2 (3d Cir. 1997). The moving party has the initial burden of proving to the district court the absence of evidence supporting the non-moving party's claims. Celotex Corp. v. Catrett, 477 U.S. 317 (1986); Country Floors, Inc. v. Partnership Composed of Gepner and Ford, 930 F.2d 1056, 1061 (3d Cir. 1990). Further, "[R]ule 56 enables a party contending that there is no genuine dispute as to a specific, essential fact
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