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Bartelli v. Lindler

January 11, 2006

KEITH BARTELLI, PLAINTIFF,
v.
C.O. LINDLER, DEFENDANT.



The opinion of the court was delivered by: Judge Kosik

MEMORANDUM AND ORDER

AND NOW, THIS 10th DAY OF JANUARY, 2006, IT APPEARING TO THE COURT THAT:

[1] On January 9, 2004, plaintiff filed the above-captioned action pursuant to 42 U.S.C. § 1983, against C.O. Lindler and thirty-seven other defendants;

[2] the matter was assigned to United States Magistrate Judge Thomas M. Blewitt, who conducted a preliminary review of the Complaint pursuant to the Prison Litigation Reform Act of 1995;

[3] on February 18, 2004, Magistrate Judge Blewitt entered an order (Doc. 14) directing the plaintiff to file an Amended Complaint that comported with Federal Rules of Civil Procedure 8 and 20(a), including only those claims that arose out of the same transaction or occurrence, and against defendants involved in those claims;

[4] on March 8, 2004, the plaintiff filed an Amended Complaint (Doc. 16) against C.O. Lindler in his individual and official capacity;

[5] the plaintiff's Amended Complaint contains two counts, Count I asserting a First Amendment retaliation claim alleging that the defendant filed a misconduct report against Bartelli in retaliation for a grievance that Bartelli filed against C.O. Lindler on February 6, 2003, and Count II including Fifth and Sixth Amendment claims alleging that the plaintiff was denied access to the law library while in solitary confinement as a result of the misconduct report;

[6] on April 29, 2004, this court denied the plaintiff's motion to further amend his complaint, dismissed Count II of the Amended Complaint, and dismissed the plaintiff's claims for monetary damages against the defendant in his official capacity (Doc. 31);

[7] the defendant filed a Motion for Summary Judgment on May 10, 2005, after the close of the discovery period (Doc. 126);

[8] both parties briefed the motion (Docs. 130, 142, 143);

[9] Magistrate Judge Blewitt issued a Report and Recommendation (Doc. 151) on September 22, 2005, suggesting that this court grant the defendant's Motion for Summary Judgment and dismiss the plaintiff's First Amendment retaliation claim as Bartelli failed to demonstrate that the grievance he filed against C.O. Lindler was a substantial or motivating factor in the February 23, 2003 misconduct report that C.O. Lindler issued against the plaintiff;

[10] the Magistrate Judge concluded that the defendant established that there was a legitimate, non-retaliatory basis for the defendant to issue the misconduct against Bartelli;

[11] Magistrate Judge Blewitt also noted that Bartelli pleaded guilty to the misconduct, countering any assertion that the misconduct report at ...


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