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MUTOMBO v. WILLIAMS

United States District Court, M.D. Pennsylvania


November 28, 2005.

AKEEM MUTOMBO, Plaintiff
v.
MARTY WILLIAMS, SUPT. KLEM, OFFICER HUGHES, and OFFICER WILLIAMS Defendants.

The opinion of the court was delivered by: YVETTE KANE, District Judge

ORDER

Before this Court is Judge Smyser's Report and Recommendation (Doc. No. 34); Plaintiff's Objections thereto (Doc. Nos. 35, 37, and 38);*fn1 and Defendants' Briefs in Opposition (Doc. Nos. 36 and 39). Upon an independent de novo review of the entire record and the applicable law, the Court accepts the reasoning stated in Magistrate Judge Smyser's Report and Recommendation filed July 14, 2005.

The Court notes that the discovery deadline set for this matter has not yet expired.*fn2 Although in certain circumstances the incomplete state of discovery by itself warrants preclusion of summary judgment, Miller v. Beneficial Mgmt. Corp., 977 F.2d 834, 846 (3d Cir. 1992) (citation omitted), Plaintiff fails to identify "what particular information is sought; how, if uncovered, it would preclude summary judgment; [] why it has not previously been obtained," and presents no scenario by which he would expect to have evidence of retaliation before the expiration of the discovery deadline. Pastore v. Bell Tel. Co., 24 F.3d 508, 511 (3d Cir. 1994). Moreover, Plaintiff fails to put forth any evidence of retaliation, so as to raise a genuine issue of material fact. Instead, Plaintiff merely makes bald assertions of conspiracy involving prison and court officials. Most notably, Plaintiff asserts: that his past civil actions were purposely and willfully dismissed out of hand due to "nepotism, racial animus, and . . . the nepotism nexus;" that the undersigned is related to Hearing Examiner Kane and is therefore biased against him; that "America is a bankrupt nation, not operating under Constitutional law, but under certain `public bankruptcy policies;'" that Plaintiff fears for his life because of "paid informants that have been equipped with poison;" and that Plaintiff's prior civil actions were each "dismissed by Klan members that are in this jurisdiction." (Doc. Nos. 35, 37). These allegations do not go to his claims of retaliation and are not supported by the record.

  Accordingly, this 28th day of November 2005, IT IS HEREBY ORDERED THAT:

1. The Court ADOPTS the Report and Recommendation of Magistrate Judge Smyser (Doc. No. 34).
2. Defendant's Motion for Summary Judgment (Doc. No. 22) is GRANTED.
3. Plaintiff's objections (Doc. Nos. 35, 37, and 38) are OVERRULED.
4. The Clerk of Court is directed to close the file.
20051128

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