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JOSEPH WAREHAM, Plaintiff, v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS, et al.., Defendants.

Arthur J. Schwab

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


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Wareham v. Pa. Dep't of Corr.
(Jul 15, 2014)