Opinion
4:22-CV-01269
12-05-2024
JEROME JUNIOR WASHINGTON, Plaintiff, v. MICHAEL KNAPP, et al., Defendants.
ORDER
MATTHEW W. BRANN CHIEF UNITED STATES DISTRICT JUDGE
AND NOW, this 5th day of December 2024, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED that:
1. Defendant Michael Knapp's motion (Doc. 62) for summary judgment pursuant to Federal Rule of Civil Procedure 56 is GRANTED.
2. The Clerk of Court is directed to enter judgment in favor of defendant Knapp and against plaintiff Jerome Junior Washington as to Washington's Section 1983 Eighth Amendment supervisory liability claim of deliberate indifference to serious medical needs.
3. In the event that Plaintiff attempts to appeal this decision in forma pauperis under the exception provided by Federal Rule of Appellate Procedure 24(a)(3), he may not do so. Plaintiff “is not otherwise entitled to proceed in forma pauperis” because he has incurred at least 3 strikes under 28 U.S.C. § 1915(g). That is, Plaintiff “has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted,” and he is not “under imminent danger of serious physical injury” with respect to any claim or allegation in this case.
28 U.S.C. § 1915(g); see Washington v. Weiner, 2:16-cv-2487 (E.D. Pa.); Washington v. Myers, 4:22-cv-1858 (M.D. Pa.); Washington v. Wright, 2:22-cv-1201 (W.D. Pa.); Washington v. Britte, 2:22-cv-1202 (W.D. Pa.); Washington v. Salamon, 4:23-cv-1659 (M.D. Pa.).
4. The Clerk of Court is directed to CLOSE this case.