Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

BARTELLI v. BLEICH

September 26, 2005.

KEITH BARTELLI, Plaintiff,
v.
FRITZ BLEICH, et al., Defendants.



The opinion of the court was delivered by: EDWIN KOSIK, Senior District Judge

MEMORANDUM

Before this court is the Report and Recommendation issued by United States Magistrate Judge Thomas M. Blewitt granting the defendant's motion for summary judgment and motion for judgment on the pleadings. (Doc. 72). For the reasons that follow, we will adopt the Report and Recommendation of the Magistrate Judge and grant the defendant's motion for summary judgment and motion for judgment on the pleadings.

BACKGROUND

  Keith Bartelli (hereinafter "Plaintiff"), an inmate at the State Correctional Institution at Dallas, Pennsylvania (SCI-Dallas), filed this civil rights action on April 26, 2004, pursuant to 42 U.S.C. § 1983. (Doc. 1). The named defendants were Fritz Bleich, John Galabinski, Gibbon, Sgt. William Lewis, and Donald Jones. In his complaint, Plaintiff claims: (1) that defendant Bleich filed a false misconduct report against him; (2) that the defendant continually harassed Plaintiff between July 2001 and April 2002 in retaliation for Plaintiff's filing a criminal complaint against defendant Bleich in February of 2002; and, (3) that the defendant harassed and threatened Plaintiff in retaliation for Plaintiff's filing a grievance against defendant Bleich on June 4, 2003.

  The case was assigned to Magistrate Judge Thomas M. Blewitt who, on March 27, 2004, issued a Report and Recommendation recommending the dismissal of all of the defendants except Fritz Bleich. Magistrate Judge Blewitt determined that Plaintiff failed to assert specific allegations against any other defendants and that Plaintiff's allegations were inadequate to support a conspiracy claim. Magistrate Judge Blewitt also recommended that claims one and two be dismissed as time-barred, leaving only claim three to proceed against defendant Bleich. By Memorandum and Order dated October 29, 2004, this court adopted in part the Report and Recommendation of Magistrate Judge Blewitt, dismissing all defendants other than Fritz Bleich, but allowing all three claims to proceed against defendant Bleich.

  Defendant Bleich filed a motion for summary judgment or for judgment on the pleadings on May 26, 2005. The defendant argued that Plaintiff's first claim should be dismissed as time-barred by the statute of limitations, that judgment should be entered in the defendant's favor on the second claim because Plaintiff failed to exhaust his administrative remedies, and that Plaintiff had not met the standard necessary to support his third retaliation claim. Plaintiff filed a response brief on August 3, 2005, arguing that genuine issues of material fact remained regarding the retaliation claims. On August 18, 2005, Magistrate Judge Blewitt issued a Report and Recommendation suggesting that this court grant defendant Bleich's motion for summary judgment on Plaintiff's first two claims and recommending that the alternative motion for judgment on the pleadings be granted with respect to Plaintiff's third claim. Regarding the third claim, Magistrate Judge Blewitt determined that defendant Bleich's alleged misconduct did not rise to the level of "adverse action," a requisite element of a 42 U.S.C. § 1983 retaliation claim. Neither Plaintiff nor defendant Bleich filed objections to the Report and Recommendation.

  DISCUSSION

  Standard of Review — Summary Judgment

  Summary judgment is appropriate when "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact, and the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). When ruling on a motion for summary judgment, the court must view the record in a light most favorable to the non-moving party. Skerski v. Time Warner Cable Co., 257 F.3d 273, 278 (3d Cir. 2001). Moreover, the court must draw all reasonable inferences in favor of the non-movant. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986).

  The burden rests with the moving party to demonstrate that there is no genuine issue of material fact. Thereafter, the non-moving party must counter with evidence that supports each essential element of his or her claim. Skerski, 257 F.3d at 278 (citing Pittston Co. Ultramar Am. Ltd. v. Allainz Ins. Co., 124 F.3d 508, 515 (3d Cir. 1997)). The non-moving party must do "more than simply show that there is some metaphysical doubt as to the material facts," and where the record taken as a whole could not allow a rational fact-finder to find in favor of the nonmoving party, summary judgment is appropriate. Matsushita Elec. Indus. Co. v. Zenith Radio, 475 U.S. 574, 587 (1986).

  Standard of Review — Motion for Judgment on the Pleadings

  "A motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) is subject to the same standard as a Rule 12(b)(6) motion to dismiss. Therefore, viewing all of the facts in a light most favorable to the non-moving party and accepting as true the allegations in that party's pleadings and as false all controverted assertions of the movant, the court may only grant the motion if it is beyond doubt that the non-movant can plead no facts that would support his claim for relief." Constitution Bank v. DiMarco, 815 F.Supp. 154, 157 (E.D.Pa. 1993) (citing United States v. Wood, 925 F.2d 1580 (7th Cir. 1991); Haynesworth v. Miller, 820 F.2d 1245, 1249, note 11 (D.C. Cir. 1987); International Paper Company v. Inhabitants of the Town of Jay, 736 F.Supp. 359 (D.Me. 1990)).

  Review of Report and Recommendation

  If no objections are filed to a Magistrate Judge's Report and Recommendation, the Court need not conduct a de novo review of plaintiff's claims. 28 U.S.C. § 636(b)(1)(C); Thomas v. Arn, 474 U.S. 140, 150-53, 106 S.Ct. 466 (1985). Nonetheless, the usual practice of the district court is to give "reasoned consideration" to a magistrate ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.