OKE v. BIGGINS et al

Filing 62

MEMORANDUM ORDER: AND NOW, this 16th day of February, 2021; IT IS HEREBY ORDERED that Defendant Biggin's motion for summary judgment [ECF No. 49], is GRANTED and judgment is entered in favor of Defendant Biggins and against Plaintiff on the s ole remaining claim in this case. The report and recommendation of Magistrate Judge Lanzillo, issued January 13, 2021 [ECF No. 61], is adopted as the opinion of the court. The Clerk is directed to mark this case CLOSED. Signed by Judge Susan Paradise Baxter on 2/16/21. (esa)

Case 1:18-cv-00214-SPB-RAL Document 62 Filed 02/16/21 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
AYODELE OKE,
Plaintiff,
v.
DOCTOR BIGGINS, et al.,
Defendants.

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C.A. No. 18-214 Erie
District Judge Susan Paradise Baxter
Magistrate Judge Richard A. Lanzillo

MEMORANDUM ORDER
Plaintiff Ayodele Oke, an inmate incarcerated at the State Correctional Institution at
Forest in Marienville, Pennsylvania (“SCI-Forest”), initiated this pro se civil rights action on
August 2, 2018, asserting Eighth Amendment claims of deliberate indifference to his serious
medical needs against six members of the medical and/or corrections staff at SCI-Forest,
including Doctor Biggins, a dentist (“Biggins”). The case was referred to United States
Magistrate Judge Richard A. Lanzillo for report and recommendation in accordance with the
Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for
Magistrates. This matter was subsequently reassigned to the undersigned, as presiding judge, on
November 14, 2019, with Judge Lanzillo remaining as the referred Magistrate Judge for all
pretrial proceedings.
Following litigation of a motion to dismiss previously filed by Defendants [ECF No. 16],
all claims and Defendants were dismissed from this case except for Plaintiff’s Eighth
Amendment claim against Defendant Biggins in his individual capacity. [ECF No. 32]. After the
parties completed discovery, Defendant Biggins filed a motion for summary judgment [ECF No.
49], to which Plaintiff filed a response and opposition brief [ECF Nos. 57, 58].

Case 1:18-cv-00214-SPB-RAL Document 62 Filed 02/16/21 Page 2 of 2

On January 13, 2021, Judge Lanzillo issued a Magistrate Judge’s Report and
Recommendation (“R&R”) recommending that Defendant Biggin’s motion for summary
judgment be granted. [ECF No. 61]. Objections to the R&R were due to be filed by February 1,
2021; however, no objections have been filed to date.
After de novo review of the complaint and documents in the case, together with the report
and recommendation, the following order is entered:
AND NOW, this 16th day of February, 2021;
IT IS HEREBY ORDERED that Defendant Biggin’s motion for summary judgment [ECF
No. 49], is GRANTED and judgment is entered in favor of Defendant Biggins and against Plaintiff
on the sole remaining claim in this case. The report and recommendation of Magistrate Judge
Lanzillo, issued January 13, 2021 [ECF No. 61], is adopted as the opinion of the court.
The Clerk is directed to mark this case CLOSED.

______________________________
SUSAN PARADISE BAXTER
United States District Judge
cc:

The Honorable Richard A. Lanzillo
U.S. Magistrate Judge