DALIE v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS et al

Filing 84

ORDER. For the reasons as set forth in 83 Memorandum Opinion, it is hereby ORDERED that 53 Motion to Dismiss filed by the DOC Defendants and the 65 Motion to Dismiss filed by Defendant Elon Mwaura, PA-C both of which have been converted intomo tions for summary judgment are GRANTED. It is further ORDERED that Plaintiffs 9 Motion for Preliminary Injunction is DISMISSED. It is further ORDERED that 81 Report and Recommendation datedJanuary 23, 2018, is ADOPTED as the Opinion of the Court. 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 ofAppellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure. Signed by Judge Mark R. Hornak on 2/26/18. (bdb)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA GEORGE DALIE, ) ) Plaintiff, v. Civil Action No. 2: 16-cv-0259 ) ) ) PENNSYLVANIA DEPARTMENT OF CORRECTIONS, et al, Defendants. Judge Mark R. Hornak ) ) ) ) ) ORDER AND NOW, this 26th day of February, 2018, it is hereby ORDERED, ADJUDGED, AND DECREED that for the reasons set forth in the accompanying memorandum opinion, the Motion to Dismiss filed by the DOC Defendants (ECF No. 53) and the Motion to Dismiss filed by Defendant Elon Mwaura, PA-C (ECF No. 65) both of which have been converted into motions for summary judgment are GRANTED. It is further ORDERED that Plaintiffs Motion for Preliminary Injunction (ECF No. 9) is DISMISSED. It is further ORDERED that the Report and Recommendation (ECF No. 81) dated January 23, 2018, is ADOPTED as the Opinion of the Court. It is further ORDERED that the Clerk of Court mark this case CLOSED. 1 And it is further ORDERED that pursuant to Rule 4(a)(l) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure. Mark R. Hornak United States District Judge c: Plaintiff (by U.S. Mail) All counsel of record 2

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