VILE v. MRAVITZ et al
THOMAS S. VILE |
JOHN MRAVITZ, CAPTAIN SNYDER, CHCA HYDE, CSA SROKA, HAINSWORTH, CCPM JOSEPH, JOHN WETZEL, TREVOR WINGARD, DORINA VARNER and KERRI MOORE |
3:2018cv00052 |
March 20, 2018 |
US District Court for the Western District of Pennsylvania |
Johnstown Office |
Somerset |
Kim R. Gibson |
Keith A. Pesto |
Prison Condition |
42 U.S.C. ยง 1983 |
None |
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Filing 14 MEMORANDUM ORDER - it is ORDERED that summary judgment is ordered in favor of all defendants for the claims based on Grievance Nos. 583562, 584048, and 585700, due to the statute of limitations. The portion of the Report and Recommendation at ECF no. 13 discussing the statute of limitations is adopted as the Opinion of the Court. I do not adopt the portion of the Report and Recommendation discussing exhaustion of remedies because the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U. S.C.§ 1997e(a) is not relevant here: the plaintiff filed the matter in state court and it was the defendants who removed the matter to federal court. It is further ORDERED that the claim relating to the destruction of property alleged in Grievan ce No. 702495 is remanded for lack of subject matter jurisdiction to the Court of Common Pleas of Somerset County. The Clerk shall mark this matter closed, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 10/27/2018. (dlg) |
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