United States District Court, W.D. Pennsylvania
October 21, 2005.
JOHN DUNMIRE, Plaintiff,
CAPT. DEPASQUAL, et al., Defendant.
The opinion of the court was delivered by: SEAN McLAUGHLIN, District Judge
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
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