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BARTELLI v. LEWIS

September 29, 2005.

KEITH BARTELLI, Plaintiff,
v.
WILLIAM LEWIS, Defendant.



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

MEMORANDUM AND ORDER

AND NOW, THIS 29th DAY OF SEPTEMBER, 2005, IT APPEARING TO THE COURT THAT:

[1] On April 26, 2004, plaintiff filed the above-captioned action pursuant to 42 U.S.C. § 1983, against William Lewis, Fritz Bleich, and John Galabinski;

  [2] the matter was assigned to United States Magistrate Judge Thomas M. Blewitt;

  [3] Bartelli's complaint concerns the defendants' actions while the plaintiff was incarcerated at the State Correctional Institution at Dallas (SCI Dallas), Pennsylvania;

  [4] Bartelli alleges that William Lewis (hereinafter "defendant") filed a false misconduct report against the plaintiff on March 13, 2002, after the plaintiff filed complaints against Corrections Officer J. Galabinski between October of 2001 and February of 2002;

  [5] Bartelli further alleges that the defendant filed a false misconduct report against the plaintiff on April 16, 2002, destroyed a witness form, denied the plaintiff a hearing, and sanctioned the plaintiff with thirty (30) days in disciplinary confinement, all in retaliation for the plaintiff's filing a grievance on April 15, 2002;

  [6] finally, Bartelli complains that the defendant threatened him "with death" after Bartelli filed a grievance on July 23, 2003;*fn1

  [7] on May 27, 2004, Magistrate Judge Blewitt issued a Report and Recommendation suggesting that we dismiss Bartelli's first two claims as time-barred and his third claim for failure to state a claim of retaliation against any of the defendants;

  [8] on October 29, 2004 this court adopted in part the Report and Recommendation, entering an order that allowed Bartelli to proceed against defendant Lewis on all three claims, but dismissed defendants Galabinski and Bleich;

  [9] the defendant filed a motion for summary judgment or for judgment on the pleadings on May 25, 2005;

  [10] both parties briefed the motion for summary judgment;

  [11] Magistrate Judge Blewitt issued a Report and Recommendation on September 9, 2005, suggesting that we grant the defendant's motion and ...


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