LANE v. ROZUM et al

Filing 180

MEMORANDUM ORDER - it is Ordered that summary judgment is granted in part to Defendant Dr. Mahmud as recommended in the Report and Recommendation at ECF no. 175 , which is adopted as the opinion of the Court. The matter remains with the Magistrate Judge for further proceedings, and the Magistrate Judge shall set a date for the filing of pretrial statements and (if the parties desire it) shall hold a pretrial mediation conference, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 5/3/2019. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
JOHN L. LANE,
Plaintiff
v.

Case No. 3:13-cv-268-KRG-KAP

GERALD ROZUM, SUPERINTENDENT,
S.C.I. SOMERSET, et al.,
Defendants
Memorandum Order
This matter has been referred to Magistrate Judge Keith
A.

Pesto

for

pretrial

proceedings

in

accordance

with

the

Magistrates Act, 28 U.S.C.§ 636 and Local Civil Rule 72.
The Magistrate Judge filed a Report and Recommendation
on March 19, 2019 at ECF no. 175, recommending that the motion at
ECF no. 160 for summary judgment by the remaining defendant, Dr.
Rashida Mahmud, be granted as to the deliberate indifference claim
and denied as to the negligence claim.
The parties were notified that, pursuant to 28 U.S.C.§
636(b) (1), they had fourteen days to file written objections to the
Report and Recommendation. Each party filed timely objections to
the portion of the Report and Recommendation unfavorable to their
position, the plaintiff at ECF no. 177, and the defendant at ECF
no. 176. Dr. Mahmud filed a reply at ECF no. 178 and ECF no. 179
to plaintiff's objections;

plaintiff's

response

to defendant's

objections was contained in the objections at ECF no. 177.

After de novo review of the record of this matter, the
Report

and

Recommendation,

the

objections

to

the

Report

and

Recommendation, and the responses thereto, the following order is
entered:
AND NOW, this
ORDERED
defendant

Dr.

that

Mahmud

3 \'~ day
summary
as

of May, 2019, it is

judgment

recommended

is
in

granted
the

in part
Report

to
and

Recommendation at ECF no. 175, which is adopted as the opinion of
the Court. The matter remains with the Magistrate Judge for further
proceedings,

and the Magistrate Judge shall set a date for the

filing of pretrial statements and (if the parties desire it) shall
hold a pretrial mediation conference.

BY THE COURT:

KIM R. GIBSON,
UNITED STATES DISTRICT JUDGE
Notice to counsel of record by ECF

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