JACOBS v. CITY OF PITTSBURGH et al

Filing 375

ORDER adopting 366 Report and Recommendation as the Opinion of this Court. IT IS FURTHER ORDERED that for the reasons set forth in the Report and Recommendation, the Motions for Summary Judgment filed by the Allegheny County Defendants (ECF No. 320 ) and the Nurse Defendants (ECF No. 321 ) are DENIED to the extent they seek revocation of Plaintiff's in forma pauperis status and DENIED without prejudice to the extent they seek dismissal for Plaintiffs failure to exhaust his administr ative remedies. Motions may be refiled closer to the trial of this matter so that the Court may conduct an evidentiary hearing and make a determination about the factual disputes on the issue of exhaustion of Plaintiffs administrative remedies. Signed by Chief Judge Joy Flowers Conti on 7/10/2014. (smc )

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

ANDRE JACOBS,
Plaintiff,
v.
PITTSBURGH POLICE
DEPARTMENT, et al.,
Defendants.

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Civil Action No. 08 – 470
Chief District Judge Joy Flowers Conti
Chief Magistrate Judge Lisa Pupo Lenihan

MEMORANDUM ORDER
AND NOW, this 10th day of July, 2014, after Defendants having filed Motions to
Dismiss, which were converted into Motions for Summary Judgment (ECF Nos. 320 & 321); and
after a Report and Recommendation was filed by Chief United States Magistrate Judge Lenihan
on June 5, 2014, (ECF No. 366), recommending that the Motions be denied to the extent
Defendants seek revocation of Plaintiff’s in forma pauperis status for violation of the “three
strikes rule” codified in 28 U.S.C. § 1915(g) and that the Motions be denied without prejudice to
the extent that Defendants seek dismissal for Plaintiff’s failure to exhaust his administrative
remedies pursuant to the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a); and after no
objections to the Report and Recommendation were filed by the June 23, 2014 deadline; and
upon consideration of the Report and Recommendation and an independent review of the record,
IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 366) is
ADOPTED as the Opinion of this Court.
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IT IS FURTHER ORDERED that for the reasons set forth in the Report and
Recommendation, the Motions for Summary Judgment filed by the Allegheny County
Defendants (ECF No. 320) and the Nurse Defendants (ECF No. 321) are DENIED to the extent
they seek revocation of Plaintiff’s in forma pauperis status and DENIED without prejudice to
the extent they seek dismissal for Plaintiff’s failure to exhaust his administrative remedies.
Motions may be refiled closer to the trial of this matter so that the Court may conduct an
evidentiary hearing and make a determination about the factual disputes on the issue of
exhaustion of Plaintiff’s administrative remedies.
By the Court:
/s/ Joy Flowers Conti__________
Joy Flowers Conti
Chief United States District Judge
cc: Andre Jacobs
DQ 5437
SCI-Albion
10745 Route 18
Albion, PA 16475
(Via First Class Mail)
Counsel of Record
(Via CM/ECF Electronic Mail)

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