Davis v. Saylor et al
| Willie Davis |
| Sherman, Saylor and Parter |
| 3:2013cv02279 |
| August 30, 2013 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Union |
| Martin C. Carlson |
| Robert D. Mariani |
| Civil Rights |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
31
ORDER upon de novo review of Magistrate Judge Carlson's Report and Recommendation (Doc. 24); Defendants' Motion for Summary Judgment (Doc. 14); Plaintiffs Motion to Dismiss the Defendants' Motion for Summary Judgment (Doc. 21), which is in substance a Brief in Opposition; and all related filings, IT IS HEREBY ORDERED THAT: 1. The Report and Recommendation (Doc. 24) is ADOPTED, for the reasons stated therein, namely: a. That it is undisputed that Plaintiff did not exhaust his admi nistrative remedies, (see Comp!., Doc. 1, at 2); b. That Plaintiff has not put forward alegally-recognized explanation for his failure to exhaust; and c. That further discovery could not alleviate this procedural barrier to continuing the litigation. 2. Plaintiffs Objections (Doc. 25) are OVERRULED, because: a. The legal arguments made therein are not supported by applicable law; and b. There is no plausible basis to accept Plaintiffs conclusory argument that the U.S. Attorney's Office' ;s representation of the Government Defendants was unauthorized by federal law.3. Defendant's Motion for Summary (Doc. 14) is GRANTED. 4. Plaintiffs Motion to Dismiss the Motion for Summary Judgment (Doc. 21) is DENIED. 5. The Clerk of Court is DIRECTED to close the case. Signed by Honorable Robert D. Mariani on 4/14/14 (jfg)
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