RIECO v. AURANDT et al

Filing 116

MEMORANDUM ORDER re 109 Brief in Opposition to Motion, filed by DWAYNE L. RIECO; 110 Declaration filed by DWAYNE L. RIECO; and 111 Concise Statement of Material Facts filed by DWAYNE L. RIECO. The Court is issuing this Memorandum Order to again, reiterate that the only claims which are to be tried during the upcoming October 11, 2016 trial are as follows: (1) Whether Defendant Aurandt failed to protect Plaintiff on October 16, 2014; and(2) Whether Defendant Clem used excessive force on Plaintiff on October 16, 2014. No other claims or issues concerning either Defendant (or any other person) will be entertained. Signed by Judge Arthur J. Schwab on 08/24/2016. (lmt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
DWAYNE L. RIECO,
Plaintiff,

15cv0657
ELECTRONICALLY FILED

v.
PAUL AURANDT SRTU, Unit Manager, C/O
CLEM, and CO II ROBERSON,
Defendants.

MEMORANDUM ORDER OF COURT
AND NOW, this 24th day of August, 2016, the Court acknowledges that Plaintiff filed a
Response (doc. no. 109), a Declaration (doc. no. 110), and a Concise Statement of Material Facts
(doc. no. 111), all in Opposition to Defendants’ Motion for Summary Judgment. See doc. no.
85. As noted in the Court’s Opinion and Order partially granting and partially denying
Defendants’ Motion for Summary Judgment (see doc. nos. 107, 108), Plaintiff failed to timely
file his responsive documents.
However, the Court has carefully reviewed each of Plaintiff’s submissions, filed out of
time, and finds that they do not alter the Court’s decision with respect to Defendants’ Motion for
Summary Judgment. Again, this Court notes – as it has in many of its previous Orders and
Opinions – that this Plaintiff is atypical in that he has extensive experience in filing (pro se)
cases, motions, and responses to motions in this Court. See, i.e., fn. 1 in doc. no. 170; fn. 1 and
fn. 3 in doc. no. 67. Accordingly, the substance of the documents filed by Plaintiff does not
alter this Court’s Opinion or Order on Defendant’s Motion for Summary Judggment. Simply

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put, the Court’s Opinion and Order with respect to Defendants’ Motion for Summary Judgment
remains unchanged.
However, upon review of the materials submitted by Plaintiff, the Court noted that
throughout his submissions, Plaintiff was attempting to raise additional issues beyond the scope
of the claims that are to be tried in this Court, starting on October 11, 2016. Thus, the Court is
issuing this Memorandum Order to again, reiterate that the only claims which are to be tried
during the upcoming October 11, 2016 trial are as follows:
(1)

Whether Defendant Aurandt failed to protect Plaintiff on October 16, 2014; and

(2)

Whether Defendant Clem used excessive force on Plaintiff on October 16, 2014.

No other claims or issues concerning either Defendant will be entertained.
SO ORDERED,
s/ Arthur J. Schwab
Arthur J. Schwab
United States District Judge
cc:

ECF registered counsel of record
DWAYNE L. RIECO
HU-2494 SCI
SCI Greene
175 Progress Drive
Waynesburg, PA 15370

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