SLOAN v. PA DEPT. OF CORRECTIONS et al
Filing
115
ORDER indicating that, for the reasons set forth in the accompanying Memorandum Opinion 114 , it is hereby ordered as follows: (1) The Report and Recommendation 109 filed on 10/25/18, by Magistrate Judge Cynthia Reed Eddy is adopted as the opinion of the Court; that the Motion for Summary Judgment filed by the DOC Defendants 93 is granted in its entirety based on Plaintiff's failure to exhaust his administrative remedies; (2) The Report and Recommendation 110 filed on 10/25/18, by Ma gistrate Judge Cynthia Reed Eddy is adopted as the opinion of the Court; that the Motion for Summary Judgment filed by the Medical Defendants 97 is granted as to Plaintiff's constitutional claims; (3) that Plaintiff's state law claims b rought against the Medical Defendants are dismissed without prejudice for want of jurisdiction; that the Clerk of Court mark this case closed; that pursuant to Rule 4(a)(1) 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 Appellate Rules of Appellate Procedure. Signed by Judge Nora Barry Fischer on 12/17/18. (jg)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
JOHN SLOAN,
Plaintiff,
v.
PA DEPT. OF CORRECTIONS, SCIMERCER, SUPERINTENDENT
THOMPSON, CAPT. SULLENBERGER,
MR. BOGGS, MR. BROMLEY,
MR. DELLORSO, MS. BOAL, MR.
WOODS, MS. ENGSTROM, CORRECT
CARE SOLUTIONS,
MR. RICHARD ELLERS, DR. SCOTT
SCOTT MORGAN, AND MS. KAREN
FEATHER,
Defendants.
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Civil Action No. 2: 16-cv-1182
United States District Judge
Nora Barry Fischer
Nora Barry Fischer
United States Magistrate Judge
Cynthia Reed Eddy
ORDER
AND NOW, this 17th day of December, 2018, for the reasons set forth in the
accompanying Memorandum Opinion it is hereby ORDERED, ADJUDGED, AND
DECREED as follows:
(1)
The Report and Recommendation (ECF No. 109) filed on October 25, 2018, by
Magistrate Judge Cynthia Reed Eddy is ADOPTED as the opinion of the Court.
It is
ORDERED that the Motion for Summary Judgment filed by the DOC Defendants (ECF No. 93)
is GRANTED in its entirety based on Plaintiff’s failure to exhaust his administrative remedies.
(2)
The Report and Recommendation (ECF No. 110) filed on October 25, 2018, by
Magistrate Judge Cynthia Reed Eddy is ADOPTED as the opinion of the Court.
1
It is
ORDERED that the Motion for Summary Judgment filed by the Medical Defendants (ECF No.
97) is GRANTED as to Plaintiff’s constitutional claims.
(3)
It is further ORDERED that Plaintiff’s state law claims brought against the
Medical Defendants are dismissed without prejudice for want of jurisdiction.
It is further ORDERED that the Clerk of Court mark this case closed.
AND it is further ORDERED that pursuant to Rule 4(a)(1) 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 Appellate Rules of Appellate Procedure.
BY THE COURT:
s/Nora Barry Fischer
Nora Barry Fischer
United States District Judge
cc:
JOHN SLOAN
KH 0937
SCI Mercer
801 Butler Pike
Mercer, PA 16137
(via U.S. First Class Mail)
All Counsel of Record
(via ECF electronic notification)
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