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07-1085 - FRAISAR v. PENNSYLVANIA DEPARTMENT OF CORRRECTIONS MEDICAL BRANCH et al


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07-1085 - FRAISAR v. PENNSYLVANIA DEPARTMENT OF CORRRECTIONS MEDICAL BRANCH et al
April 25, 2008
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REPORT AND RECOMMENDATION re 13 MOTION Relief with Formal Letter filed by WILMORT FRAISAR, 10 MOTION to Dismiss Or In the Alternative MOTION for Summary Judgment filed by SCI FAYETTE DEPARTMENT OF CORRECTIONS, ATTORNEY GENERAL OFFICE, SUPERINTENDENT HARRY E. WILSON, PENNSYLVANIA DEPARTMENT OF CORRRECTIONS MEDICAL BRANCH, DEPUTY LINDA D. HARRIS, recommending that the Motion to Dismiss/Summary Judgment 10 be granted and the Motion for Relief 13 be denied. Objections to R&R due by 5/12/2008. Signed by Judge Francis X. Caiazza on 4/25/08. (jhi)
May 9, 2008
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ORDER: IT IS HEREBY ORDERED that Defendants Motion to Dismiss or for Summary Judgment (Doc. 10) is GRANTED, and that the Plaintiffs Motion for Relief (Doc. 13) is DENIED.IT IS FURTHER ORDERED that Fraisars MOTION Subpoena of Witnesses and CD'S and DVD'S and or Both Tapes and Video's Tapes (Doc. 22) is DENIED in light of the grant of summary judgment. The Report and Recommendation of Magistrate Judge Caiazza, (Doc. 20), dated April 25, 2008, is adopted as the opinion of the court. Signed by Judge Donetta W. Ambrose on 5/9/08. (jlh )