IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
June 7, 2010
THOMAS J. BEATON, SR., PLAINTIFF
FRANKLIN J. TENNIS, JOEL DICKSON, JAMES MORRIS, GERALD MCMAHON, ROBERT PATISHNOCK, BRIAN CONFER, ANTHONY PORTER, BETINA REBAR, AND JEFFREY RACKOVAN, DEFENDANTS
The opinion of the court was delivered by: Judge Conner
AND NOW, this 7th day of June, 2010, upon consideration of the report of the Magistrate Judge (Doc. 111) recommending that defendants' motion (Doc. 83) for summary judgment be granted, and of the objections (Doc. 112) to the report filed by plaintiff Thomas J. Beaton, Sr., ("Beaton"),*fn1 and, following an independent review of the record, it appearing that Beaton failed to exhaust available administrative remedies through the Pennsylvania Department of Corrections ("DOC") for his various claims stemming from the assault of August 28, 2006, prior to bringing this action under 28 U.S.C. § 1983,*fn2 and it further appearing that Beaton fails to state a cognizable failure to protect claim, it is hereby ORDERED that:
1. The report of the Magistrate Judge (Doc. 111) is ADOPTED.
2. Defendants' motion for summary judgment (Doc. 83) is GRANTED.
3. The Clerk of Court is directed to enter JUDGMENT in favor of defendants and against plaintiff on all claims.
4. The Clerk of Court is directed to CLOSE this case.
CHRISTOPHER C. CONNER United States District Judge