Auker v. Wetzel

Full title: ROBERT AUKER, Plaintiff, v. JOHN E. WETZEL, et al., Defendants.

Court: UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

Date published: Sep 8, 2017

Civil Action No. 14-179 (W.D. Pa. Sep. 8, 2017)

Opinion

Civil Action No. 14-179

09-08-2017

ROBERT AUKER, Plaintiff, v. JOHN E. WETZEL, et al., Defendants.

Judge Cathy Bissoon

Magistrate Judge Cynthia Reed Eddy MEMORANDUM ORDER

This case was referred to United States Magistrate Cynthia Reed Eddy for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B), and Local Rule of Civil Procedure 72.

On January 10, 2017 Plaintiff filed a Motion for Summary Judgment. (Doc. 226). On February 27, 2017, Defendants Renee Clites, B. Jin, Min Hi Park and Jennifer Piper Trimai filed a Motion for Summary Judgment (Doc. 252). On July 24, 2017, the Magistrate Judge issued a Report (Doc. 284) recommending that Plaintiff's motion for Summary Judgment be denied and that Defendant's Motion for Summary Judgment be granted in part and denied in part. Specifically, the Magistrate Judge recommended that Dr. Jin be granted summary judgment on Plaintiff's allegations that he was sexually assaulted on three separate occasions but denied as to the remainder of Plaintiff's claims. Service of the Report and Recommendation was made on the parties. On August 7, 2017, Defendants filed Objections to the Report and Recommendation. (Doc. 285). Plaintiff filed his objections on August 10, 2017 (Doc. 286) and filed a Response to Defendants' Objections on August 15, 2017 (Doc. 287).

After a de novo review of the issues raised in the objections and response, together with the Report and Recommendation, the following Order is entered:

Plaintiff's Motion for Summary Judgment (Doc. 226) is DENIED and Defendants' Motion for Summary Judgment (Doc. 252) is GRANTED IN PART AND DENIED IN PART. Specifically, Summary Judgment is GRANTED as to Defendant Jin on Plaintiff's allegations that he was sexually assaulted on three separate occasions but DENIED as to the remainder of Plaintiff's claims. The Magistrate Judge's Report and Recommendation dated July 24, 2017, hereby is adopted as the Opinion of the District Court.

IT IS SO ORDERED. September 8, 2017

s/Cathy Bissoon

Cathy Bissoon

United States District Judge cc (via ECF email notification): All counsel of record cc (via First-Class U.S. Mail): ROBERT AUKER
BK-1943
SCI Somerset
1600 Walters Mill Road
Somerset, PA 15510