MAYO v. FINLEY et al

Filing 29

ORDER adopting (Doc. 27 ) Report and Recommendation. For the reasons stated in the Memorandum Order filed herewith, the Partial Motion to Dismiss by Defendants Correctional Officer Finley, Lieutenant Lewis, Lieutenant Grego, and Superintendent Gilm ore (Doc. 22 ) is GRANTED IN PART AND DENIED IN PART. It is DENIED with respect to Plaintiff's state tort claim of assault and battery against Defendant Finley. It is GRANTED as it relates to: Plaintiff's Eighth Amendment conditions of con finement claim against Lieutenants Grego and Lewis; Plaintiff's Eighth Amendment deliberate indifference claim against Defendant Gilmore; Plaintiff's claims against Defendant Gilmore in his official capacity; Plaintiff's Due Process claims against Defendants Finley and Gilmore.The Magistrate Judge's Report and Recommendation dated March 24, 2017, hereby is adopted as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 7/10/17. (jwr)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
WILLIAM MAYO,
Plaintiff,
v.
CORRECTIONAL OFFICER
FINLEY, et.al.,
Defendants.

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Civil Action No. 16-1514
Judge Cathy Bissoon
Magistrate Judge Lisa Pupo Lenihan

MEMORANDUM ORDER
This case was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial
proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B), and
Local Rule of Civil Procedure 72.
On March 24, 2017, the Magistrate Judge issued a Report recommending that
Defendants’ Partial Motion to Dismiss be granted in part and denied it part. The Magistrate
Judge recommended the Motion should be denied with respect to Plaintiff’s state tort claim of
assault and battery against Defendant Finley and that the Motion should be granted in all other
respects. (Doc. 27 at 1). Service of the Report and Recommendation was made on the parties.
Plaintiff William Mayo timely filed objections. (Doc. 28).
After a de novo review of the issues raised in the objections, together with the Report and
Recommendation, the following Order is entered:
The Partial Motion to Dismiss by Defendants Correctional Officer Finley, Lieutenant
Lewis, Lieutenant Grego, and Superintendent Gilmore (Doc. 22) is GRANTED IN PART AND
DENIED IN PART. It is DENIED with respect to Plaintiff’s state tort claim of assault and

battery against Defendant Finley. It is GRANTED as it relates to: Plaintiff’s Eighth Amendment
conditions of confinement claim against Lieutenants Grego and Lewis; Plaintiff’s Eighth
Amendment deliberate indifference claim against Defendant Gilmore; Plaintiff’s claims against
Defendant Gilmore in his official capacity; Plaintiff’s Due Process claims against Defendants
Finley and Gilmore.
The Magistrate Judge’s Report and Recommendation dated March 24, 2017, hereby is
adopted as the Opinion of the District Court.
IT IS SO ORDERED.

July 10, 2017

s/Cathy Bissoon
Cathy Bissoon
United States District Judge

cc (via ECF email notification):
All counsel of record
cc (via First-Class U.S. Mail):
WILLIAM MAYO
FZ-2947
SCI Fayette
P.O. Box 9999
LaBelle, PA 15450

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