JEAN-PIERRE v. BUREAU OF PRISONS et al
| STEVEN JEAN-PIERRE |
| BUREAU OF PRISONS, JOHN YOST and MARYANN PALKO |
| 3:2009cv00266 |
| October 8, 2009 |
| US District Court for the Western District of Pennsylvania |
| Johnstown Office |
| Cambria |
| Kim R. Gibson |
| Lisa Pupo Lenihan |
| None |
| 42 U.S.C. ยง 1983 pr Prisoner Civil Rights |
| None |
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Filing
77
MEMORANDUM ORDER - IT IS HEREBY ORDERED that Plaintiff's Motion for Judgment on the Pleadings (ECF No. 44 ) is DENIED. IT IS FURTHER ORDERED that Defendants' Motion for Summary Judgment (ECF No. 49 ) is GRANTED. IT IS FURTHER ORDERED t hat Plaintiff's Motion to Dismiss, or in the alternative, Motion for Summary Judgment (ECF No. 59 ) is treated solely as a response to Defendants' Motion for Summary Judgment and is DENIED as moot. IT IS FURTHER ORDERED that the Report and Recommendation dated February 13, 2012 (ECF No. 73 ) is adopted as the opinion of the Court. IT IS FURTHER ORDERED that Plaintiff's Motion to Stay Judgment (ECF No. 76 ) is DENIED. IT IS FURTHER ORDERED that the Clerk of the Court mark this case CLOSED. AND IT IS FURTHER ORDERED that pursuant to Rule 4 (a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 3/2/2012. (dlg)
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Filing
28
MEMORANDUM ORDER - it is hereby Ordered that 18 Motion to Dismiss or in the alternative, for Summary Judgment, will be treated solely as a motion to dismiss and is GRANTED IN PART AND DENIED IN PART: specifically, the motion to dismiss is GRANTED a s to Plaintiff's claims against the BOP and against the individual Defendants in their official capacity; it is DENIED in all other respects without prejudice to Defendants refiling a proper summary judgment motion and allowing Plaintiff the opportunity to conduct relevant discovery; it is further Ordered that 26 Report and Recommendation is ADOPTED as the Opinion of the Court, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 9/27/2010. (dlg)
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