Opinion
Civil Action No. 2: 13-cv-0188
07-15-2014
JOSEPH WAREHAM, Plaintiff, v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS, et al.., Defendants.
United States District Judge
Arthur J. Schwab
United States Magistrate Judge
Cynthia Reed Eddy
MEMORANDUM ORDER
Defendants Susan Berrier, Eric Armel, Pennsylvania of Corrections, Lori Kwisnek, and Joseph Mazurkiewicz filed a Motion for Summary Judgment (Document No. 84). On June 23, 2014, Magistrate Judge Eddy filed a Report and Recommendation (ECF No. 101) recommending that summary judgment be granted as to Plaintiff's Eighth and Fourteenth Amendment claims and denied as to Plaintiff's American With Disabilities claim. The parties were served with the Report and Recommendation and advised that they had until July 10, 2014, to file written objections to the Report and Recommendation. To date, no objections have been filed nor have any requests for an extension of time in which to file objections been filed.
After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, the following order is entered:
AND NOW, this 14th day of July, 2014:
1. The Motion for Summary Judgment filed by Defendants Susan Berrier, Eric Armel, Pennsylvania of Corrections, Lori Kwisnek, and Joseph Mazurkiewicz filed a Motion for Summary Judgment (Document No. 84) is GRANTED in part and DENIED as follows:
Summary judgment is GRANTED as to Plaintiff's Eighth and Fourteenth Amendment and DENIED as to Plaintiff's Americans With Disabilities claim.
2. IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 101) dated June 23, 2014, is ADOPTED as the Opinion of the Court.
__________
Arthur J. Schwab
United States District Judge
cc: JOSEPH WAREHAM
108 James Avenue
Interlachen, FL 32148-4104
Mary Lynch Friedline
Office of Attorney General
Email: mfriedline@attorneygeneral.gov
Sandra K. Kozlowski
Office of Attorney General
Email: skozlowski@attorneygeneral.gov
J. Eric Barchiesi
Law Offices of Bernard J. Kelly
Email: eric.barchiesi@aig.com