Quinn v. Tritt, 3:18-632. (2019)
Court: District Court, M.D. Pennsylvania
Number: infdco20191010624
Visitors: 9
Filed: Sep. 30, 2019
Latest Update: Sep. 30, 2019
Summary: ORDER MALACHY E. MANNION , District Judge . In accordance with the memorandum issued this same day, IT IS HEREBY ORDERED THAT: (1) the Report of the magistrate judge, (Doc. 57), is ADOPTED in part and NOT ADOPTED in part. (2) The Report is ADOPTED as follows: a. The DOC defendants' motion for summary judgment (Doc. 31) with respect to Grievance Nos. 686690, 689239, 690125, 692819, and 704699 is GRANTED in favor of the DOC defendants due to the plaintiff's failure to fully e
Summary: ORDER MALACHY E. MANNION , District Judge . In accordance with the memorandum issued this same day, IT IS HEREBY ORDERED THAT: (1) the Report of the magistrate judge, (Doc. 57), is ADOPTED in part and NOT ADOPTED in part. (2) The Report is ADOPTED as follows: a. The DOC defendants' motion for summary judgment (Doc. 31) with respect to Grievance Nos. 686690, 689239, 690125, 692819, and 704699 is GRANTED in favor of the DOC defendants due to the plaintiff's failure to fully ex..
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ORDER
MALACHY E. MANNION, District Judge.
In accordance with the memorandum issued this same day, IT IS HEREBY ORDERED THAT:
(1) the Report of the magistrate judge, (Doc. 57), is ADOPTED in part and NOT ADOPTED in part.
(2) The Report is ADOPTED as follows:
a. The DOC defendants' motion for summary judgment (Doc. 31) with respect to Grievance Nos. 686690, 689239, 690125, 692819, and 704699 is GRANTED in favor of the DOC defendants due to the plaintiff's failure to fully exhaust his administrative remedies;
b. the DOC defendants' motion for summary judgment (Doc. 31) with respect to Grievance Nos. 630487 and 640217 is GRANTED in favor of the DOC defendants due to the plaintiff's failure to properly exhaust his administrative remedies.
c. the DOC defendants' motion for summary judgment (Doc. 31) with respect to Grievance No. 647581 is GRANTED in favor of Kathy Brittain, Joseph Sankus, Brenda Tritt and DENIED as to Daniel Rhome;
(3) the Report is NOT ADOPTED to the extent it that it recommends the SCWA defendants' motion to dismiss, (Doc. 32), and Quinn's motion to compel discovery, (Doc. 44), be denied as moot, and to the extent that it recommends Quinn's state law negligence claim against the DOC defendants and SCWA defendants be dismissed without prejudice and remanded to the Schuylkill County Court of Common Pleas.
(4) the instant action is REMANDED to the magistrate judge for all further proceedings, including consideration of SCWA defendants' motion to dismiss (Doc. 32) and the plaintiff's motion to compel discovery (Doc. 44).
Source: Leagle
