WHITEHEAD v. WETZEL et al

Filing 127

MEMORANDUM ORDER - It is hereby Ordered that Plaintiff's Motions for Summary Judgment [ECF Nos. 110 , 111]] are DENIED. It is further Ordered that Dr. Rashida Mahmud's Motion for Summary Judgment [ECF No. 107 ] is GRANTED and that summar y judgment is entered in her favor. It is further Ordered that Commonwealth Defendants' Motion for Summary Judgment [ECF No. 101 ] is GRANTED and that summary judgment is entered in their favor. It is further Ordered that the Report and Recommendation [ECF No. 126 ] is adopted as the Opinion of the Court, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 6/20/2017. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

CARL WHITEHEAD,
Plaintiff,
v.
DENISE THOMAS, CAPT. BAKOS,
JOSEPH DUPONT, LT. CINKO, C/O
EHRHART, JOSEPH BIANCONI, and
DR. RASHIDA MAHMUD,
Defendants.

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Civil Action No. 3:14-cv-51
United States District Judge
Kim R. Gibson
United States Magistrate Judge
Cynthia Reed Eddy

MEMORANDUM ORDER
KIM R. GIBSON, United States District Judge.
The present action was initiated in this Court on March 19, 2014. The case was referred
to United States Magistrate Judge Cynthia Reed Eddy for pretrial proceedings in accordance
with Magistrate Judges Act, 28 U.S.C. § 636(b)(l) and Local Rules of Court 72.C and 72.D.
After the close of discovery, four motions for summary judgment were filed by the parties as
follows: two were filed by Plaintiff [ECF Nos. 110, 111], one was filed by Defendant Dr.
Rashida Mahmud [ECF No. 107], and one was filed by the remaining "Commonwealth
Defendants," who consist of Defendants Thomas, Bakos, Dupont, Cinko, Ehrhart, and Bianconi.,
[ECF No. 101].
On May 23, 2017, Magistrate Judge Eddy issued a Report and Recommendation,
recommending that the Court deny both of Plaintiff's motions for summary judgment and grant
both of Defendants' motions for summary judgment. [ECF No. 126]. Service of the Report and
Recommendation was made on all parties. Plaintiff was informed that he had until June 9, 2017

to file objections to the Report & Recommendation. To date, no objections have been filed.
Accordingly, after a de nova review of the pleadings, motions for summary judgment and
documents submitted in connection therewith, [ECF Nos. 101-104, 107-111, 113-116, 119],
together with the Report and Recommendation, the following Order is entered:
AND NOW, this

fh

20 day of June, 2017, IT IS HEREBY ORDERED that Plaintiff's

Motions for Summary Judgment [ECF Nos. 110, 111] are DENIED.
IT IS FURTHER ORDERED that Dr. Rashida Mahmud's Motion for Summary

Judgment [ECF No. 107] is GRANTED and that summary judgment is entered in her favor.
IT IS FURTHER ORDERED that Commonwealth Defendants' Motion for Summary

Judgment [ECF No. 101] is GRANTED and that summary judgment is entered in their favor.
IT IS FURTHER ORDERED that the Report and Recommendation [ECF No. 126] is

adopted as the Opinion of the Court.

Kim R. Gibson
United States District Judge
cc:

Carl Whitehead
EK 5805
SCI Somerset
1600 Walters Mill Road
Somerset, PA 15510
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