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)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ROBERT AUKER,
Plaintiff,
v.
JOHN E. WETZEL, et al.,
Defendants.
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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
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