WILSON v. JIN et al

Filing 107

MEMORANDUM ORDER granting 41 and 48 Motions for Summary Judgment and adopting 93 Report and Recommendation of Magistrate Judge Lenihan as the opinion of the Court. The Clerk shall mark this case CLOSED. Signed by Judge David S. Cercone on 2/23/17. (njt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

JAMAR WILSON,

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Plaintiff,

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2:15cvl295
Electronic Filing

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V.

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BYANAHAK JIN, MIA HI PARK,
SERGEANT MILLER, SERGEANT
MEDVEC, NEDRA GREGO, NURSE
EARL BLAKER, CAPTAIN
MITCHELL, IRMA VIHLIDAL,
MEDICAL VENDOR WEXFORD,

District Judge David S. Cercone
Magistrate Judge Lisa Pupo Lenihan

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Defendants.

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MEMORANDUM ORDER

Plaintiff Jamar Wilson ("Plaintiff') initiated this case on October 5, 2015 by submitting
for filing a Motion for Leave to Proceed in forma pauperis ("IFP"), along with a Complaint,
which he filed pursuant to 42 U.S.C. § 1983. (ECF No. 1.) In accordance with the Magistrate
Judge's Act, 28 U.S.C. § 636(b)(l), 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.
Plaintiffs initial IFP Motion was denied by Court Order dated October 6, 2015, (ECF
No. 2), but his second IFP Motion, (ECF No. 3), was granted by the Court on November 3, 2015,
(ECF No. 5). His Complaint was docketed on November 3, 3015. (ECF No. 6.)
Following discovery, Motions for Summary Judgment were filed on behalf of
Commonwealth Defendants Miller, Medvec, Grego, Vihlidal, and Mitchell, (ECF No. 41), and
Medical Defendants Doctors Jin and Park, (ECF No. 48), to which Plaintiff responded in
opposition, (ECF Nos. 81-87). On November 14, 2016, the Magistrate Judge issued a Report

and Recommendation, recommending that both Motions for Summary Judgment be granted.
(ECF No. 93.) The parties were informed that written objections to the Report and
Recommendation were due by December 1, 2016, but after Plaintiff twice requested the Court to
extend the deadline, (ECF Nos. 95, 101), the deadline was moved to January 20, 2017, (ECF No.
103). While Plaintiffs Objections were docketed on January 25, 2017, they are postmarked
January 20, 2017, and are therefore considered timely pursuant to the mailbox rule. 1
Where, as here, objections have been filed, the court is required to make a de novo
determination about those portions of the Report and Recommendation to which objections were
made. See 28 U.S.C. § 636(b)(l); Fed.R.Civ.P. 72(b). The district court may accept, reject, or
modify the recommended disposition, as well as receive further evidence or return the matter to
the magistrate judge with instructions.
After reviewing the record de novo, including the pleadings and documents in this case,
together with the Report and Recommendation, and Plaintiffs Objections thereto, the Court is in
agreement with the ultimate recommendation of the Magistrate Judge. Accordingly,
IT IS HEREBY ORDERED that the Report and Recommendation dated November 14,
2016, (ECF No. 93), is adopted as the Opinion of the Court.
IT IS FURTHER ORDERED that the Motion for Summary Judgment filed by
Defendants Grego, Medvec, Miller, Mitchell and Vihlidal (ECF No. 41) is GRANTED.

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This is the filing date under the "mailbox rule." Pennsylvania and federal courts employ the
prisoner mailbox rule. See Perry v. Diguglielmo, 169 F. App'x 134, 136 n.3 (3d Cir. 2006)
(citing Commonwealth v. Little, 716 A.2d 1287 (Pa. Super. Ct. 1998)); Bums v. Morton, 134
F.3d 109, 113 (3d Cir. 1998). Under this doctrine, a prisoner's prose pleading is deemed filed
when delivered to prison officials for mailing. See Bums, 134 F.3d at 113; Commonwealth v.
Castro, 766 A.2d 1283, 1287 (Pa. Super. Ct. 2001) (deemed filed when given to proper prison
authority or placed in a prison mailbox).
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IT IS FURTHER ORDERED that the Motion for Summary Judgment filed by
Defendants Drs. Jin and Park (ECF No. 48) is GRANTED.

IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.
AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(l) of the Federal Rules
of Appellate Procedure, Petitioner has thirty (30) days to file a notice of appeal as provided by
Rule 3 of the Federal Rules of Appellate Procedure.

Date:

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J
David Stewart Cercone
United States District Judge

cc:

Jamar Wilson
JM8436
175 Progress Drive
Waynesburg, PA 15370
(Via First Class Mail)
Meghan K. Adkins, Esquire
Renee M. Porada Frazier, Esquire
Mallorie McCue, Esquire
Samuel H. Foreman, Esquire
Timothy Mazzocca, Esquire

(Via CMIECF Electronic Mail)

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