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DUNMIRE v. CAPT. DEPASQUAL

United States District Court, W.D. Pennsylvania


October 21, 2005.

JOHN DUNMIRE, Plaintiff,
v.
CAPT. DEPASQUAL, et al., Defendant.

The opinion of the court was delivered by: SEAN McLAUGHLIN, District Judge

ORDER

AND NOW, this 21st day of October, 2005, the Magistrate Judge having filed a Report and Recommendation [Doc. # 20] on September 23, 2005 in the above-captioned case recommending that the Defendants' motion to dismiss the complaint [Doc. # 15] be granted, and upon consideration of the same as well as the Plaintiff's objections thereto, this Court declines to adopt the September 23, 2005 Report and Recommendation. Specifically, in light of the Plaintiff's representation in his objections to the effect that the state prison officials failed to comply with the SCI-Albion's own grievance procedures, we find, as the record is presently postured, a material issue of fact.

IT IS THEREFORE ORDERED that Defendants' motion to dismiss [Doc. # 15] is DENIED. This order is without prejudice to the Defendants' refiling a motion under Fed.R.Civ.P. 56 on a fully developed record.

20051021

© 1992-2005 VersusLaw Inc.



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