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)

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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. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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) 2

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