DOCKERY v. BEARD et al

Filing 169

ORDER denying 147 Motion for Summary Judgment granting 152 Motion for Summary Judgment denying 164 Motion for Summary Judgment and adopting Report and Recommendations re 167 Report and Recommendations. Signed by Judge Terrence F. McVerry on 7/12/2012. (kly)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
TIMOTHY DOCKERY,

)
)
)
vs.
)
)
)
CAPTAIN LEGGET; CAPTAIN RISKUS; )
LIEUTENANT LESURE; SERGEANT
)
BERTO; SERGEANT BITTNER;
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JOHNSON, Correctional Officer;
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GRIFFIN, Correctional Officer;
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COLLINS, Correctional Officer; DOBIS, )
Correctional Officer; RICKET,
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Correctional Officer; JENNINGS,
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Correctional Officer; ANKRON,
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Correctional Officer; VOJACEK,
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Correctional Officer; CHRIS MYERS,
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Physician Assistant; NURSE TONY;
)
D.P. BURNS, former Deputy
)
Superintendent; POPOVICH, Unit
)
Manager; BUSH, Sergeant,
)
Defendants. )
Plaintiff,

Civil Action No. 09-732
Judge Terrence F. McVerry

ORDER
The above-captioned pro se prisoner civil rights action was received by the Clerk of
Court on June 9, 2009, and was referred to United States Magistrate Judge Maureen P. Kelly for
pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1).
The Magistrate Judge filed a report, recommending the grant of the Defendants’ Motion
for Summary Judgment [ECF No. 152] and the denial of Plaintiff’s Motions for Summary
Judgment [ECF No. 147, 164]. [ECF No. 167]. The Plaintiff was informed that in accordance
with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(B) and (C), and the local rules, he had a

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specific period of time in which to file his objection. Plaintiff filed his objections, consisting of
34 single-spaced handwritten pages. [ECF No. 168].
After 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:
AND NOW, this 6th day July, 2012, IT IS HEREBY ORDERED that the Motion for
Summary Judgment filed by Defendants Leggett, Riskus, Lesure, Berto, Bittner, Ankron,
Collins, Dobis, Griffen, Jennings, Johnson, Rickets, Vojacek, Tony, Burns, Bush and Popovich
[ECF No. 152] is GRANTED. The Report and Recommendation of Magistrate Judge Kelly
[ECF No. 168], dated May 22, 2012, is adopted as the opinion of the Court.

s/Terrence F. McVerry
United States District Judge
Dated: July 12, 2012

cc:

Honorable Maureen P. Kelly
United States Magistrate Judge
All Counsel of Record by electronic filing
Timothy Dockery
BK-8487
SCI Frackville
Frackville, PA 17931

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