ANGLE v. CARTER et al

Filing 59

ORDER that Defendants Motion for Summary Judgment, ECF No. 45 , is GRANTED in part and DENIED in part as follows: the motion is GRANTED as to Plaintiffs First Amendment retaliation claim against Defendant Davis, and the motion isDENIED with respect to Plaintiffs Eighth Amendment failure to protect claim against Defendant Steed. The report and recommendation of Magistrate Judge Lanzillo, issued on February 1, 2019, ECF No. 58 , is adopted as the opinion of this Court. Signed by Judge Susan Paradise Baxter on 2/28/19. (lrw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
BRIAN ANGLE, II,
Plaintiff,
v.
CAPT. CARTER, et al.,
Defendants.

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Civil Action No. 16-276 Erie

MEMORANDUM ORDER
This prisoner civil rights action was received by the Clerk of Court on November 16,
2016 and was referred to the undersigned, then a United States Magistrate Judge, for report and
recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and the Local
Rules for Magistrate Judges. On September 14, 2018, the undersigned was sworn in as a United
States District Judge. Three days later, this action was transferred to the undersigned as the
presiding district court judge. On September 27, 2018, the case was referred to United States
Magistrate Judge Richard A. Lanzillo for all further pretrial proceedings.
On February 1, 2019, Judge Lanzillo issued a Magistrate Judge’s Report and
Recommendation (“R&R”), ECF No. [58], recommending that Defendants’ Motion for
Summary Judgment (ECF No. [45]) be granted in part and denied in part. Objections to the
R&R were due on February 19, 2019 for unregistered ECF users. To date, no objections have
been filed.

After de novo review of the Complaint and documents in the case, together with the
report and recommendation, the following order is entered:

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AND NOW, this 28th day of February, 2019;
IT IS HEREBY ORDERED that Defendants’ Motion for Summary Judgment, ECF No.
[45], is GRANTED in part and DENIED in part as follows: the motion is GRANTED as to
Plaintiff’s First Amendment retaliation claim against Defendant Davis, and the motion is
DENIED with respect to Plaintiff’s Eighth Amendment “failure to protect” claim against
Defendant Steed. The report and recommendation of Magistrate Judge Lanzillo, issued on
February 1, 2019, ECF No. [58], is adopted as the opinion of this Court.

/s/ Susan Paradise Baxter
SUSAN PARADISE BAXTER
United States District Judge

cc:

Bryan Angle, II
HY2333
SCI Forest
P.O. Box 945
Marienville, PA 16239
The Honorable Richard A. Lanzillo
United States Magistrate Judge

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