Dunmire v. Capt. Depasqual

Full title: JOHN DUNMIRE, Plaintiff, v. CAPT. DEPASQUAL, et al., Defendant

Court: United States District Court, W.D. Pennsylvania

Date published: Oct 21, 2005

Civil Action No. 05-64 Erie (W.D. Pa. Oct. 21, 2005)

Opinion

Civil Action No. 05-64 Erie.

October 21, 2005

ORDER

SEAN McLAUGHLIN, District Judge

AND NOW, this 21^st day of October, 2005, the Magistrate Judge having filed a Report and Recommendation [Doc. # 20] on September 23, 2005 in the above-captioned case recommending that the Defendants' motion to dismiss the complaint [Doc. # 15] be granted, and upon consideration of the same as well as the Plaintiff's objections thereto, this Court declines to adopt the September 23, 2005 Report and Recommendation. Specifically, in light of the Plaintiff's representation in his objections to the effect that the state prison officials failed to comply with the SCI-Albion's own grievance procedures, we find, as the record is presently postured, a material issue of fact.

IT IS THEREFORE ORDERED that Defendants' motion to dismiss [Doc. # 15] is DENIED. This order is without prejudice to the Defendants' refiling a motion under Fed.R.Civ.P. 56 on a fully developed record.