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Cook v. Bender

United States District Court, E.D. Pennsylvania

May 7, 2014

MIKE COOK, Plaintiff,
v.
LT. J. BENDER, et al., Defendants.

MEMORANDUM

RONALD L. BUCKWALTER, Senior District Judge.

The defendants, Jeffrey Bender, Patrick Curran and Michael Wenerowicz filed a Motion for Summary Judgment on April 4, 2014. As of the date of this opinion and order, no response has been filed to that motion.

The undisputed facts are as follows:

1. Plaintiff, Mike Cook, is an inmate in Pennsylvania Department of Corrections ("DOC") custody serving a life sentence for conspiracy and first degree homicide.

2. Plaintiff has been incarcerated at the State Correctional Institution at Graterford ("SCI Graterford") on his current sentence since approximately

3. On June 2, 2012, plaintiff was transferred from the Restricted Housing Unit ("RHU") to a Psychiatric Observation Cell ("POC") for observation purposes.

4. Defendant Bender packed plaintiff's inmate property for his move to the POC.

5. Plaintiff was present when his property was being packed.

6. Defendant Bender packed everything that plaintiff handed to him in a plastic bag.

7. Plaintiff claims his property consisted of magazines, pictures and legal material.

8. Defendant Curran was aware that plaintiff's property came to the Property Room from the RHU and had been inventoried by Defendant Bender, but does not know who processed the property.

9. On June 3, 2012, plaintiff filed a grievance (No. 415444) claiming that the Sergeant in the property room said that the RHU lost his property and that he needed his legal work to file his appeal.

10. On June 28, 2012, Defendant Bender denied plaintiff's grievance because his property had been ...


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