DALIE v. GUMBERT et al

Filing 32

ORDER. For the reasons as set forth in 31 Memorandum Opinion, it is hereby ORDERED that 15 Motion to Dismiss, which has been converted into a Motion for Summary Judgment, is hereby GRANTED IN PART and DENIED IN PART as contained herein. It is further ORDERED that 30 Report and Recommendation is ADOPTED as the Opinion of the Court. Signed by Judge Mark R. Hornak on 2/26/18. (bdb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
GEORGE DALIE,

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Plaintiff,

Civil Action No. 2: 16-cv-1448

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V.

FNU GUMBERT, et al.,
Defendants.

Judge Mark R. Hornak

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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 Defendants (ECF No. 15) ,which has been converted into a motion
for summary judgment, is GRANTED IN PART AND DENIED IN PART, as follows:
1.

The motion is GRANTED as to Plaintiffs claims in Count Three of the

Complaint that he was sexually harassed I assaulted by Defendant C/O Carter on April 5, 2015,
based on Plaintiffs failure to exhaust his administrative remedies; and
2.

The motion is GRANTED as to all claims against Defendant Tracy Shawley and

Jane Doe(s), RNs, based on Plaintiffs failure to exhaust his administrative remedies.
Defendants Shawley and the Jane Doe(s), R.N.s are hereby dismissed from this lawsuit.
3.

The motion is DENIED without prejudice on Plaintiffs claims that he was

assaulted by Defendant C/O Gumbert and that Defendant C/O Elynoff failed to protect him from
such assault(s); and

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4.

The motion is DENIED without prejudice on Plaintiff's claims that Defendants

C/O Gumbert and C/O Carter retaliated against him by misappropriating his legal property.

It is further ORDERED that the Report and Recommendation (ECF No. 30) dated
January 24, 2018, is ADOPTED as the Opinion of the Court.
And it is further ORDERED that Defendants C/O Gumbert, C/O Elynoff, and C/O Carter
shall file a responsive pleading in accordance with Federal Rule of Civil Procedure 12(a)(4).

~
Mark R. Hornak
United States District Judge

cc:

Plaintiff (by U.S. Mail)
All counsel of record

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