Opinion
Civil Action No. 05-4201 (MLC).
June 8, 2006
ORDER JUDGMENT
IT IS on this 7th day of June, 2006, ORDERED that the Court's memorandum opinion dated May 31, 2006, and the order of the same date (dkt. entry nos. 25 26), are VACATED; and
IT IS FURTHER ORDERED, for the reasons stated in the Court's amended memorandum opinion, that the motion by the defendants Joseph Rizzo, Jeffrey Scott, David Bailey, Richard Kokowski, Eric Lange, and Timothy Slack, to dismiss the complaint asserted against them by the plaintiff pro se, Luis Camino, for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) or, in lieu of an answer, for summary judgment, pursuant to Federal Rule of Civil Procedure 56 (dkt. entry no. 14) is GRANTED IN PART and DENIED IN PART as follows:
DENIED AS MOOT TO THE EXTENT that it seeks (1) to dismiss the complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6), and (2) any relief for Rizzo, GRANTED WITHOUT PREJUDICE TO THE EXTENT that it seeks judgment in favor of the defendants Jeffrey Scott, David Bailey, Richard Kokowski, Eric Lange, and Timothy Slack, for the plaintiff's failure to exhaust his administrative remedies as required by the Prison Litigation Reform Act, and
DENIED WITHOUT PREJUDICE AS MOOT TO THE EXTENT that it seeks summary judgment (1) for the plaintiff's failure to assert a cognizable due process claim, (2) on the plaintiff's Eighth Amendment claim because the claim was precluded by the findings of the defendant Norma Morales at the plaintiff's disciplinary hearing, and (3) on the plaintiff's Eighth Amendment claim because the defendants did not subject the plaintiff to cruel and unusual punishment because, inter alia, the plaintiff failed to show that he suffered more than de minimis injuries; and
IT IS FURTHER ADJUDGED that JUDGMENT IS ENTERED IN FAVOR of Jeffrey Scott, David Bailey, Richard Kokowski, Eric Lange, and Timothy Slack; and
IT IS FURTHER ADJUDGED that JUDGMENT IS ENTERED IN FAVOR OF V. Percorella, a/k/a Pecorella; and
IT IS FURTHER NOTED that the plaintiff's claims against the defendants Joseph Rizzo and Norma Morales were dismissed in the Court's order dated January 27, 2006; and IT IS FURTHER ORDERED, as no defendants remain here, that the Clerk designate this action as CLOSED.