BRACEY v. RENDELL et al

Filing 144

ORDER adopting 138 Report and Recommendation. The Motion for Summary Judgment filed by the Commonwealth Defendants (Doc. 114 ), and the Motion for Summary Judgment filed by the Medical Defendants (Doc. 118 ) are GRANTED, and the Report and Recommendation of Magistrate Judge Kelly dated July 15, 2014, is hereby adopted as the opinion of the District Court. Signed by Judge Cathy Bissoon on 9/17/2014. (sje)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA COREY BRACEY, Plaintiff, v. SECRETARY JEFFREY BEARD, et al., Defendants. ) ) ) ) ) ) ) ) ) Civil Action No. 11-217E Judge Cathy Bissoon Magistrate Judge Maureen P. Kelly MEMORANDUM ORDER This case was referred to United States Magistrate Judge Maureen P. Kelly for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B), and Rules 72.C, 72.D and 72.G of the Local Rules for Magistrates. On July 15, 2014, the Magistrate Judge issued a Report and Recommendation (Doc. 138) recommending that the Motion for Summary Judgment filed by Defendants Beard, Meintel, Ellers, Gnall, Johnson, Coleman, Gates, Arnell, Zaken, Walker, Bustass, Berrier, Legget, Gallucci, Bryant, Hall, Woods, Hannah, Biser, Fisher, and Whietsel (collectively, “the Commonwealth Defendants”) (Doc. 114) and the Motion for Summary Judgment filed by Defendants Saavedra, Fonder, and MHM Correctional Services, Inc. (collectively, “the Medical Defendants”) (Doc. 118) be granted. Service of the Report and Recommendation was made on the parties, and Petitioner timely filed objections (Docs. 140 & 142). After a de novo review of the pleadings and documents in the case, together with the Report and Recommendation and the Objections thereto, the following Order is entered: The Motion for Summary Judgment filed by the Commonwealth Defendants (Doc. 114), and the Motion for Summary Judgment filed by the Medical Defendants (Doc. 118) are GRANTED, and the Report and Recommendation of Magistrate Judge Kelly dated July 15, 2014, is hereby adopted as the opinion of the District Court. To the extent Plaintiff asks the Court for permission to resurrect his previously denied motion for appointment of counsel, such request is denied. IT IS SO ORDERED. September 17, 2014 cc (via ECF email notification): All counsel of record cc (via First-Class U.S. Mail): Corey Bracey GS 4754 SCI Huntingdon 1100 Pike Street Huntingdon, PA 16654 s\Cathy Bissoon Cathy Bissoon United States District Judge

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