AUKER v. WETZEL et al

Filing 288

MEMORANDUM ORDER. As stated more fully in the document filed herewith, Plaintiff's Motion for Summary Judgment (Doc. 226 ) is DENIED and Defendants' Motion for Summary Judgment (Doc. 252 ) is GRANTED IN PART AND DENIED IN PART. Specifica lly, Summary Judgment is GRANTED as to Defendant Jin on Plaintiff's allegations that he was sexually assaulted on three separate occasions but DENIED as to the remainder of Plaintiff's claims. The Magistrate Judge's Report and Recommendation dated July 24, 2017 (Doc. 284 ), hereby is adopted as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 9/8/17. (jwr)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA ROBERT AUKER, Plaintiff, v. JOHN E. WETZEL, et al., Defendants. ) ) ) ) ) ) ) ) ) Civil Action No. 14-179 Judge Cathy Bissoon Magistrate Judge Cynthia Reed Eddy MEMORANDUM ORDER This case was referred to United States Magistrate Cynthia Reed Eddy for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B), and Local Rule of Civil Procedure 72. On January 10, 2017 Plaintiff filed a Motion for Summary Judgment. (Doc. 226). On February 27, 2017, Defendants Renee Clites, B. Jin, Min Hi Park and Jennifer Piper Trimai filed a Motion for Summary Judgment (Doc. 252). On July 24, 2017, the Magistrate Judge issued a Report (Doc. 284) recommending that Plaintiff’s motion for Summary Judgment be denied and that Defendant’s Motion for Summary Judgment be granted in part and denied in part. Specifically, the Magistrate Judge recommended that Dr. Jin be granted summary judgment on Plaintiff’s allegations that he was sexually assaulted on three separate occasions but denied as to the remainder of Plaintiff’s claims. Service of the Report and Recommendation was made on the parties. On August 7, 2017, Defendants filed Objections to the Report and Recommendation. (Doc. 285). Plaintiff filed his objections on August 10, 2017 (Doc. 286) and filed a Response to Defendants’ Objections on August 15, 2017 (Doc. 287). After a de novo review of the issues raised in the objections and response, together with the Report and Recommendation, the following Order is entered: Plaintiff’s Motion for Summary Judgment (Doc. 226) is DENIED and Defendants’ Motion for Summary Judgment (Doc. 252) is GRANTED IN PART AND DENIED IN PART. Specifically, Summary Judgment is GRANTED as to Defendant Jin on Plaintiff’s allegations that he was sexually assaulted on three separate occasions but DENIED as to the remainder of Plaintiff’s claims. The Magistrate Judge’s Report and Recommendation dated July 24, 2017, hereby is adopted as the Opinion of the District Court. IT IS SO ORDERED. September 8, 2017 s/Cathy Bissoon Cathy Bissoon United States District Judge cc (via ECF email notification): All counsel of record cc (via First-Class U.S. Mail): ROBERT AUKER BK-1943 SCI Somerset 1600 Walters Mill Road Somerset, PA 15510 2

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