INGRAM v. RUDZIENSKI et al

Filing 110

MEMORANDUM ORDER adopting the 103 Report and Recommendation as the Opinion of this Court, and granting 78 Defendants' Motion for Summary Judgment. All claims against all Defendants are dismissed. Judgment will be entered in favor of Defendants. Signed by Judge Marilyn J. Horan on 8/30/24. (rtw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
KAI D. INGRAM,
Plaintiff,
v.
ALLEN LYNCH, S. DAVIS, and
MILLIKEN,
Defendants.

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Civil No. 22-42
Judge Marilyn J. Horan/
Magistrate Judge Patricia L. Dodge

MEMORANDUM ORDER
This case has been referred to United States Magistrate Judge Patricia L. Dodge for
pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and
Rule 72 of the Local Rules for Magistrate Judges. On June 27, 2024, the Magistrate Judge
issued a Report and Recommendation, ECF No. 103, recommending that Defendants Allen
Lynch, S. Davis, and Milliken’s Motion for Summary Judgment, ECF No. 79, be granted.
Objections were initially due by July 15, 2024. Mr. Ingram timely filed a Motion for
Extension of Time to file Objections, which was granted, and the deadline was extended to
August 2, 2024. ECF Nos. 104 & 105. Mr. Ingram again requested an extension of time to file
Objections, and the deadline was extended to August 16, 2024. ECF Nos. 107 & 108. In the
Order extending the deadline to August 16, 2024, the Court stated: “No further extensions will
be granted.” ECF No. 108. Mr. Ingram did not file Objections. 1 After de novo review of the

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Aware of the sometimes-lengthy delay between Mr. Ingram’s mailing of a document and it being received at the
Courthouse, the Court reviewed Mr. Ingram’s last three mailings to ensure that the Court has waited a sufficient
amount of time for any Objections to arrive. Mr. Ingram mailed a Motion on December 21, 2023, which arrived at
the Courthouse six days later, on December 27, 2023. ECF No. 82. On July 10, 2024, Mr. Ingram mailed a Motion,
which arrived at the Courthouse two days later, on July 12, 2024. ECF No. 104. Finally, on July 31, 2024, Mr.
Ingram mailed a Motion, which arrived at the Courthouse six days later, on August 5, 2024. ECF No. 107. Mr.
Ingram’s current Objections were due by August 16, 2024. As of the date of this Order, August 30, 2024, fourteen
days have passed since August 16, 2024, and no Objections have been received by the Court.

pleadings and the documents in the case, together with the Report and Recommendation, the
Court will grant the Defendants’ Motion for Summary Judgment and dismiss this action.
The Court accepts the Report and Recommendation as to the Magistrate Judge’s
disposition of Mr. Ingram’s claims. The Defendants’ Motion for Summary Judgement will be
granted as to all claims and all Defendants.
Accordingly, the following Order is hereby entered.
ORDER
AND NOW, this 30th day of August 2024, IT IS ORDERED as follows:
I.

The Report and Recommendation, ECF No. 103, filed on June 27, 2024,

providing recommendations as to Defendants’ Motion for Summary Judgment, is adopted as the
Opinion of this Court.
II.

Defendants’ Motion for Summary Judgment, ECF No. 78, is GRANTED.
A.
Mr. Ingram’s First Amendment Retaliation claim asserted against
Defendant Lynch is dismissed for failure to exhaust administrative remedies.
B.
Mr. Ingram’s First Amendment Retaliation claim, related to an alleged
fraudulent and retaliatory misconduct, asserted against Defendants Davis and
Milliken, is dismissed because there is no genuine issue of material fact that Mr.
Ingram is unable to state a retaliation claim.

III.

It is further ORDERED that Plaintiff’s Amended Complaint is dismissed and the

Clerk of Court shall mark this matter closed.
_s/Marilyn J. Horan
Marilyn J. Horan
United States District Judge
Kai D. Ingram, pro se
HC8003
SCI-GREENE
169 PROGRESS DRIVE
WAYNESBURG, PA 15370

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