WHITNEY v. WETZEL et al

Filing 109

ORDER granting 73 Motion for Summary Judgment; denying 77 Motion for Summary Judgment; adopting Report and Recommendations re 102 Report and Recommendations. For the reasons set forth in the accompanying memorandum opinion Defendants' Motion for Summary Judgment (ECF No. 73 ) is GRANTED and Plaintiffs Motion for Partial Summary Judgment (ECF No. 77 ) is DENIED.It is further ORDERED that the Report and Recommendation (ECF No. 102 ) dated July 6, 2015, is ADOPTED, as the opinion of the Court, as supplemented by the memorandum opinion accompanying this order. Signed by Chief Judge Joy Flowers Conti on 8/12/2015. (smc)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA CHARLES WHITNEY, Plaintiff, v. JOHN E. WETZEL, et al., Defendants. ) Civil Action No. 2: 12-cv-01623 ) ) Chief United States District Judge ) Joy Flowers Conti ) ) ) ) ORDER AND NOW, this 12th day of August, 2015, it is hereby ORDERED, ADJUDGED AND DECREED that for the reasons set forth in the accompanying memorandum opinion Defendants’ Motion for Summary Judgment (ECF No. 73) is GRANTED and Plaintiff’s Motion for Partial Summary Judgment (ECF No. 77) is DENIED. It is further ORDERED that the Report and Recommendation (ECF No. 102) dated July 6, 2015, is ADOPTED, as the opinion of the Court, as supplemented by the memorandum opinion accompanying this order. BY THE COURT: /s/ Joy Flowers Conti Joy Flowers Conti Chief, United States District Judge cc: CHARLES WHITNEY DM 3996 SCI Benner 301 Institution Drive Bellefonte, PA 16823 (via United States First Class Mail) Yana L. Warshafsky Office of the Attorney General (via ECF electronic notification) 1

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