SMARR v. WESTMORELAND COUNTY et al

Filing 85

MEMORANDUM ORDER denying 82 Motion for Reconsideration; denying 82 Motion to Reopen Case; adopting 83 Report and Recommendations as the opinion of the Court. Details more fully stated in Order. Signed by Judge David S. Cercone on 3/8/2023. (lyk)

Case 2:17-cv-01637-DSC-LPL Document 85 Filed 03/08/23 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
CHRISTOPHER JOSEPH SMARR,
Plaintiff,
v.
WESTMORELAND COUNTY,
WEXFORD HEALTH RESOURCES,
INC., JOHN R. WALTON Warden,
Westmoreland County Prison, STEVE
CMAR Deputy Warden of Security,
Westmoreland County Prison, ERIC
SCHWARTZ Deputy Warden of
Treatment, Westmoreland County Prison,
KARL D. LEDBETTER Lieutenant/Shift
Supervisor, Westmoreland County Prison,
NICHOLAS DAVID CARMICHAEL
Sergeant, Westmorland County Prison,
JEFFREY MCCREARY Correctional
Officer, Westmoreland County Prison,
MARK STANGROM Correctional
Officer, Westmoreland County Prison,
JOHNNY STRINGA Correctional Officer,
Westmoreland County Prison, JEREMY
LYNN Correctional Officer, Westmoreland
County Prison, ERIC SCHROCK
Correctional Officer, Westmoreland County
Prison, CHRISTOPHER M. WALTZ
Correctional Officer, Westmoreland County
Prison, CHAD BLACK Correctional
Officer, Westmoreland County Prison,
JOSEPH GRECCO Correctional Officer,
Westmoreland County Prison, AARON
VRABLE Correctional Officer,
Westmoreland County Prison, FRANK A.
CAPEL Correctional Officer,
Westmoreland County Prison, ERIC
BOLAND Correctional Officer,
Westmoreland County Prison, CYNTHIA
M. JANOS Licensed Practical Nurse,
Westmoreland County Prison, ERICA
LYNN SPORY Certified Nurse Assistant,
Westmoreland County Prison,
Defendants.

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2:17cv1637
Electronic Filing

Case 2:17-cv-01637-DSC-LPL Document 85 Filed 03/08/23 Page 2 of 2

MEMORANDUM ORDER
AND NOW, this 8th day of March, 2023, upon due consideration of [82] plaintiff's
motion for reconsideration and to reopen the case, [83] the Report and Recommendation of
Magistrate Judge Lenihan addressing the motion, and [84] plaintiff’s objections to the Report
and Recommendation, and after de novo review of the record, [82] plaintiff's motion for
reconsideration and to reopen the case be, and the same hereby is, DENIED.
Plaintiff's objections fail to address or otherwise undermine in any meaningful way the
reasons that plaintiff does not have an acceptable basis at this juncture for proceeding with this
case. His objections fail to supply any basis to overcome the Magistrate Judge's assessment that
the plaintiff does not meet any of the three grounds for granting a motion for reconsideration.
Additionally, Plaintiff has not shown any good reason for his failure to take appropriate action
earlier in an effort to comply with the court's orders. The Magistrate Judge's Report and
Recommendation of February 16, 2023, as augmented above, is adopted as the opinion of the
court.
s/David Stewart Cercone
David Stewart Cercone
Senior United States District Judge
cc:

Christopher Joseph Smarr
NH8866
SCI Somerset
1590 Walters Mill Road
Somerset, PA 15510-0001
(Via US. Postal Mail)
The Honorable Lisa Pupo Lenihan
United States Magistrate Judge
Counsel of Record
(Via CM/ECF Electronic Mail)
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