WASHINGTON v. GILMORE et al
MEMORANDUM ORDER granting in part and denying in part 78 and 89 Motions to Dismiss and adopting 96 Report and Recommendation of Magistrate Judge Lenihan as the opinion of the Court. Case is remanded back to the Magistrate Judge for further proceedings. Signed by Judge David S. Cercone on 9/18/17. (njt)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
HENRY UNSELD WASHINGTON,
ROBERT D. GILMORE, et al.,
Judge David Stewart Cercone
Magistrate Judge Lisa Pup Lenihan
Plaintiff initiated this 42 U.S.C. § 1983 prisoner civil rights action on August 7, 2015,
and his Complaint was docketed on September 1, 2015, after the Court granted his Motion for
Leave to Proceed in forma pauperis. In accordance with the Magistrate Judge’s Act, 28 U.S.C. §
636(b)(1), and Rules 72.C and 72.D of the Local Rules of Court, all pretrial matters were
referred to United States Magistrate Judge Lisa Pupo Lenihan.
Motions to Dismiss were filed by the Defendants on February 13, 2017 and March 6,
2017, and on August 31, 2017, the Magistrate Judge issued a Report and Recommendation
recommending that the motions be granted in part and denied in part. Plaintiff was served with
the Report and Recommendation and told that the deadline to file written objections was on
September 18, 2017. As of today, no objections have been filed. Therefore, upon an
independent review of the record, and consideration of the Defendants’ Motions to Dismiss and
the Magistrate Judge’s Report and Recommendation, the following Order is entered:
AND NOW, this 18th day of September, 2017;
IT IS HEREBY ORDERED that the Report and Recommendation of the Magistrate
Judge (ECF No. 96) is adopted as the opinion of the Court.
IT IS FURTHER ORDERED that the Motions to Dismiss (ECF Nos. 78 & 89) are
granted in part and denied in part. The Motions are granted as they relate to Plaintiff's
retaliation, access to court, free exercise of religion, and equal protection claims, which are all
dismissed with prejudice. The Motions are granted as they relate to the sexual harassment claims
against Defendants Dr. Jin, Dr. Dascani, Nelson and Suhan, which are also dismissed with
prejudice. The Motions are denied as they relate to Plaintiff's sexual harassment/assault claims
against Defendants Oswald, Smith, Farrier and Stump, and are also denied as to Plaintiff's denial
of medical care claims against Defendants Dr. Jin, Dr. Park, Dr. Dascani, PA Comer, PA Mattes,
PA Mwaura, and CHCA Vihlidal.
AND IT IS FURTHER ORDERED that this case is remanded back to the Magistrate
Judge for further proceedings.
David Stewart Cercone
United States District Judge
Henry Unseld Washington
1600 Walters Mill Rd.
Somerset, PA 15510
(Via First Class Mail)
Mary Lynch Friedline, Esquire
Alan S. Gold, Esquire
(Via CMIECF Electronic Mail)
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