CISNE v. HAAG et al
MEMORANDUM ORDER: AND NOW, this 8th day of September 2021; IT IS ORDERED that the Report and Recommendation of Magistrate Judge Lanzillo, issued on July 29, 2021 [ECF No. 53] is adopted as the opinion of the Court. Defendants have failed to establish their affirmative exhaustion defense. Signed by Judge Susan Paradise Baxter on 9/8/2021. (esa)
Case 1:19-cv-00270-SPB-RAL Document 60 Filed 09/08/21 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
A. HAAG, et al.,
Case No. 1:19-CV-270
This action was received by the Clerk of Court on September 19, 2019 and was referred
to United States Magistrate Judge Richard A. Lanzillo, for report and recommendation in
accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4
of the Local Rules for Magistrate Judges.
Plaintiff is an inmate representing himself pro se. In his complaint, Plaintiff alleges that
Defendants Corrections Officers Haag and Hiler violated his Eighth Amendment right to be free
from cruel and unusual punishment when they used excessive force against him. ECF No. 4.
At Defendants’ request, Magistrate Judge Lanzillo held an evidentiary hearing pursuant
to Small v. Camden County, 728 F.3d 265 (3d Cir. 2013). Judge Lanzillo issued a Report and
Recommendation recommending that this Court hold that Plaintiff’s administrative remedies
were unavailable under the Prison Litigation Reform Act. ECF No. 53. Despite being allowed to
do so, neither party filed Objections to the Report and Recommendation.
After de novo review of the complaint, evidence, and transcript, together with the Report
Case 1:19-cv-00270-SPB-RAL Document 60 Filed 09/08/21 Page 2 of 2
and Recommendation, the following order is entered:
AND NOW, this 8th day of September, 2021;
IT IS ORDERED that the Report and Recommendation of Magistrate Judge Lanzillo,
issued on July 29, 2021 [ECF No. 53] is adopted as the opinion of the Court. Defendants have
failed to establish their affirmative exhaustion defense.
/s/ Susan Paradise Baxter
SUSAN PARADISE BAXTER
United States District Judge
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