MORRIS v. BAKOS et al

Filing 43

MEMORANDUM ORDER denying 30 Motion for Summary Judgment. The Report and Recommendation (ECF No. 41 ) dated 1/13/2016 is ADOPTED as the Opinion of the Court. It is further Ordered that this case is referred back to the undersigned. Motions are no longer referred to the magistrate judge, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 2/8/2016. (dlg)

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

SHAQUILLE MORRIS,
Plaintiff,

v.
R. BAKOS and JOSEPH DUPONT,
Defendants.

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Civil Action No.3: 14-cv-0201
United States District Judge
Kim R. Gibson

MEMORANDUM ORDER
This case was commenced on September 19, 2014, and was referred to United States
Magistrate Judge Cynthia Reed Eddy for pretrial proceedings in accordance with the Magistrate
Judges Act, 28 U.S.C. § 636(b)(l), and the Local Rules of Court for Magistrate Judges.
Defendants filed a motion for summary judgment (ECF No. 30), to which Plaintiff
responded in opposition. On January 13, 2016,

Magistrate Judge Eddy filed a Report and

Recommendation (ECF No. 41) recommending that Defendants' motion for summary judgment
be denied as Plaintiff had submitted evidence sufficient to create genuine issues of material fact
that preclude the entry of summary judgment. The parties were advised that they had until
February 1, 2016, to file written objections to the Report and Recommendation. To date, no
objections have been filed.
After de novo review of the pleadings and documents in the case, together with the
Report and Recommendation, the following order is entered:

AND NOW, this
1.

<a~ay of February, 2016:

Defendants' motion for summary judgment (ECF No. 30) is DENIED; and

2.

IT IS FURTHER ORDERED that the Report and Recommendation (ECF No.

41) dated January 13,2016, is ADOPTED as the Opinion ofthe Court.
It is further ORDERED that this case is referred back to the undersigned. Motions are

no longer referred to the magistrate judge.

Kim R. Gibson
United States District Judge

cc:

SHAQUILLE MORRIS
JY-3653
SCI Dallas
1000 Follies Road
Dallas, PA 18612
Robert A. Willig
Office of Attorney General