CHAPPELL v. GILMORE et al

Filing 71

ORDER denying plaintiff's 44 Motion for Summary Judgment and granting defendants MARK DIALESANDRO, ROBERT GILMORE and JUBULANI SIBANDA 50 Motion for Summary Judgment. Defendants MARK DIALESANDRO, ROBERT GILMORE and JUBULANI SIBANDA are terminated as parties to this action. Further adopting 68 Report and Recommendation of Chief Magistrate Judge Kelly as the opinion of the Court. Signed by Judge David S. Cercone on 3/1/18. (njt)

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

MARK CHAPPELL,
Plaintiff,
v.
ROBERT GILMORE, MARK
DIALESANDRO, JUBULANI SIBANDA,
and MICHAEL ANDERSON,
Defendants.

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Civil Action No. 16-1317
Senior Judge David Stewart Cercone
Chief Magistrate Judge Maureen P. Kelly

ORDER OF COURT

AND NOW, this _ /
__ day of March, 2018, after Plaintiff filed a Motion for Summary
Judgment at ECF No. 44, and Defendants Mark Dialesandro, Robert Gilmore, and Jubulani
Sibanda filed a Motion for Summary Judgment at ECF No. 50, and after Responses were filed
thereto, a Report and Recommendation was filed by Chief United States Magistrate Judge
Maureen P. Kelly. Having reviewed the objections filed thereto by Plaintiff, upon independent
review of the record, and upon consideration of the Magistrate Judge's Report and
Recommendation which is ADOPTED as the opinion of this Court,
IT IS HEREBY ORDERED that Plaintiffs Motion for Summary Judgment, ECF No. 44,
is DENIED. IT IS FURTHER ORDERED that Defendants' Motion for Summary Judgment,
ECF No. 50, is GRANTED. The Clerk of Court is directed to terminate Defendants Mark
Dialesandro, Robert Gilmore, and Jubulani Sibanda as parties to this action.

David Stewart Cercone
Senior United States District Judge

cc:

Honorable Maureen P. Kelly
Chief United States Magistrate Judge
Mark Chappell
HY2452
SCI Greene
175 Progress Drive
Waynesburg, PA 15370
(Via First Class Mail)
Timothy Mazzocca, Esquire
(Via CMIECF Electronic Mail)

All Counsel of Record Via CM-ECF

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