GIBSON v. FLEMMING et al

Filing 185

ORDER granting 154 Defendants' Motion for Summary Judgment; denying 160 plaintiff's motion for summary judgment; adopting 179 the Magistrate Judge's Report and Recommendation as augmented in the Memorandum issued on this date as the opinion of the court, indicating final judgment will be entered and advising plaintiff of his right to appeal. All as more fully set forth in the Order. Signed by Judge David S. Cercone on 2/24/20. (mwm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
DERRICK GIBSON,
Plaintiff,
v.
MARY FLEMMING, Nurse; ROBERT
FLEMMING, Lieutenant; THOMAS
ARMSTRONG, Captain / Hearing
Examiner; SHAUN IREY, Lieutenant;
CARL WALKER, Captain; DARRYL
BEVERIDGE, Corrections Officer 1, and
ROBERT HAWKINBERRY, Captain,
Defendants.

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2:16cv0392
Electronic Filing
Judge David Stewart Cercone

ORDER
AND NOW, this 24th day of February, 2020, after de novo review and in accordance with
the Memorandum issued on this date, it is ORDERED as follows:
1.

Defendants' motion for summary judgment be, and the same hereby is,

GRANTED in its entirety and summary judgment is entered in favor of all Defendants; and
2.

Plaintiff’s motion for summary judgment be, and the same hereby is, DENIED.

The Report and Recommendation as augmented in the Memorandum is adopted as the
opinion of the court. Final Judgment will be entered in favor of defendants and against plaintiff
and the Clerk of Court will be directed to mark the case closed.
AND IT FURTHER IS ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules
of Appellate Procedure, Plaintiff is hereby notified that he has thirty (30) days to file a notice of

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appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.

s/David Stewart Cercone
David Stewart Cercone
Senior United States District Judge

cc:

The Honorable Cynthia Reed Eddy
Chief United States Magistrate Judge
J. Eric Barchiesi, Esquire
Timothy Mazzocca, Esquire
(Via CM/ECF Electronic Mail)

DERRICK GIBSON
JP 2190
SCI Mahanoy
301 Morea Road
Frackville, PA 17932
(via U.S. First Class Mail)

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