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Bracey v. Harlow

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
Sep 23, 2013
Civil Action No. 11-4 E (W.D. Pa. Sep. 23, 2013)

Opinion

Civil Action No. 11-4 E

2013-09-23

COREY BRACEY, Plaintiff, v. SUPERINTENDENT HARLOW, et al., Defendants.


Judge Cathy Bissoon

Magistrate Judge Maureen P. Kelly


MEMORANDUM ORDER

On January 4, 2011, this case was referred to United States Magistrate Judge Maureen P. Kelly for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B), and Rules 72.C and 72.D of the Local Rules for Magistrates.

On August 21, 2013, the Magistrate Judge issued a Report (Doc. 195) recommending that Plaintiff's Partial Motion for Summary Judgment (Doc. 142) be denied and Defendants' Motion for Summary Judgment (Doc. No. 170) be granted. Service of the Report and Recommendation was made on the parties, and Plaintiff filed his objections (Doc. 202) on September 6, 2013.

After a de novo review of the pleadings and documents in the case, together with the Report and Recommendation and Plaintiff's objections thereto, the following Order is entered:

Plaintiff's Partial Motion for Summary Judgment (Doc. 142) is DENIED; Defendants' Motion for Summary Judgment (Doc. 170) is GRANTED; and the Report and Recommendation of Magistrate Judge Kelly dated August 21, 2013 hereby is adopted as the Opinion of the District Court. Pursuant to 28 U.S.C. §1367(c)(3), this Court declines to exercise supplemental jurisdiction over Plaintiff's remaining state law claims against Defendant Brownlee for alleged assault and battery. Accordingly, those claims are DISMISSED without prejudice to be litigated in state court, and this case shall be marked "closed."

IT IS SO ORDERED.

______________________

Cathy Bissoon

United States District Judge
cc (via ECF email notification): All Counsel of Record cc (via First-Class U.S. Mail): Corey Bracey
GS4754
SCI Graterford
PO Box 244
Graterford, PA 19426-0244


Summaries of

Bracey v. Harlow

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
Sep 23, 2013
Civil Action No. 11-4 E (W.D. Pa. Sep. 23, 2013)
Case details for

Bracey v. Harlow

Case Details

Full title:COREY BRACEY, Plaintiff, v. SUPERINTENDENT HARLOW, et al., Defendants.

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

Date published: Sep 23, 2013

Citations

Civil Action No. 11-4 E (W.D. Pa. Sep. 23, 2013)