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HARDWICK v. PACKER, 1:12-cv-1936. (2013)

Court: District Court, M.D. Pennsylvania Number: infdco20130807c32 Visitors: 9
Filed: Aug. 06, 2013
Latest Update: Aug. 06, 2013
Summary: ORDER YVETTE KANE, Chief District Judge. Before the Court in the above-captioned action is a July 16, 2013 Report and Recommendation of the Magistrate Judge. No timely objections have been filed. AND NOW , upon review of the record and the applicable law, IT IS HEREBY ORDERED THAT: 1) The Court adopts the Report and Recommendation of Magistrate Judge Blewitt. 2) Defendants' Motion to Dismiss, or for Summary Judgment (Doc. No. 15) is converted into a summary judgment motion and GRANTED
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ORDER

YVETTE KANE, Chief District Judge.

Before the Court in the above-captioned action is a July 16, 2013 Report and Recommendation of the Magistrate Judge. No timely objections have been filed.

AND NOW, upon review of the record and the applicable law, IT IS HEREBY ORDERED THAT:

1) The Court adopts the Report and Recommendation of Magistrate Judge Blewitt.

2) Defendants' Motion to Dismiss, or for Summary Judgment (Doc. No. 15) is converted into a summary judgment motion and GRANTED to the extent that it seeks summary judgment with respect to all of Plaintiff's constitutional claims against Defendant Warden Thomas. The Clerk of Court shall enter Judgment in favor of Defendant Warden Thomas and against Plaintiff.

3) Defendants' Motion for Summary Judgment is GRANTED as to Plaintiff's claims of conspiracy, of excessive force and of retaliation as against Defendant CO Packer. The Clerk of Court shall enter Judgment in favor of Defendant CO Packer and against Plaintiff.

4) Plaintiff's Motion for Extension of Time to file a sur-reply brief (Doc. No. 39) is DENIED.

5) The Clerk of Court shall close this case.

Source:  Leagle

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