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16-259 - DALIE v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS et al


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16-259 - DALIE v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS et al
January 23, 2018
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REPORT AND RECOMMENDATION re 65 MOTION to Dismiss re 42 Third Amended Complaint, filed by C. MWAURA, and 53 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by the DOC Defendants. It is recommended that the motions to dismiss be granted as Plaintiff has failed to exhaust his administrative remedies as required by the PLRA, as discussed in the Report and Recommendation. Defendants' written objections to the R&R, if any, due by 2/6/2018. Plaintiff's written objections to the R&R, if any, due by 2/9/2018. Signed by Magistrate Judge Cynthia Reed Eddy on 1/23/2018. (bsc)
February 26, 2018
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MEMORANDUM OPINION. Signed by Judge Mark R. Hornak on 2/26/18. (bdb)
February 26, 2018
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ORDER. For the reasons as set forth in 83 Memorandum Opinion, it is hereby ORDERED that 53 Motion to Dismiss filed by the DOC Defendants and the 65 Motion to Dismiss filed by Defendant Elon Mwaura, PA-C both of which have been converted intomotions for summary judgment are GRANTED. It is further ORDERED that Plaintiffs 9 Motion for Preliminary Injunction is DISMISSED. It is further ORDERED that 81 Report and Recommendation datedJanuary 23, 2018, is ADOPTED as the Opinion of the Court. It is further ORDERED that the Clerk of Court mark this case CLOSED. And it is further ORDERED that pursuant to Rule 4(a)(l) of the Federal Rules ofAppellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure. Signed by Judge Mark R. Hornak on 2/26/18. (bdb)