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Gadra-Lord v. Vuksta

United States District Court, M.D. Pennsylvania

April 28, 2017

JONATHON GADRA-LORD, Plaintiff
v.
DEPUTY VUKSTA, et al., Defendants

          Carlson Magistrate Judge

          ORDER

          Yvette Kane, District Judge

         THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:

         On March 18, 2015 Plaintiff Gadra-Lord, an inmate incarcerated at the State Correctional Institution at Mahanoy (“SCI-Mahanoy”) at all times relevant to this action, filed this civil action against a number of employees with the Pennsylvania Department of Corrections and others, including Dr. Lisiak, a physician providing medical services to inmates at SCI-Mahanoy. (Doc. No. 1.) This action arises out of an incident that occurred in May 2013, when Plaintiff fell from the top bunk of a cell and required medical care. (See Doc. Nos. 1, 10, 12.) Plaintiff asserts First and Eighth Amendment violations against Dr. Lisiak and corrections officers Biscoe, Butts and Wagner (the “Commonwealth Defendants”), alleging claims of deliberate indifference to serious medical needs.[1] (Id.)

         Now before the Court are two Reports and Recommendations of Magistrate Judge Carlson addressing motions for summary judgment filed by the remaining defendants in this case. (Doc. Nos. 60, 61.) One Report and Recommendation addresses the motion for summary judgment filed by Dr. Lisiak (Doc. No. 60), and the other Report and Recommendation addresses the motion for summary judgment filed by the Commonwealth Defendants (Doc. No. 61). In both Reports and Recommendations, Magistrate Judge Carlson recommends granting summary judgment in favor of the defendants on the grounds that there is no genuine issue of material fact as to Plaintiff's failure to properly and timely exhaust his administrative remedies with respect to the conditions of confinement claims asserted against the defendants. (Doc. No. 60 at 20-23; Doc. No. 61 at 15-18.) With regard to Plaintiff's claim against Dr. Lisiak, Magistrate Judge Carlson also finds that Plaintiff has produced no evidence permitting an inference that Dr. Lisiak was deliberately indifferent to Plaintiff's serious medical needs. (Doc. No. 61 at 23.)

         Plaintiff objects to both Reports and Recommendations in one document (Doc. No. 62). In that filing, he objects to Magistrate Judge Carlson's finding that no genuine issue of material fact exists as to Plaintiff's failure to properly and timely exhaust his administrative remedies with regard to the legal claims at issue in this action. Having considered Plaintiff's filing, the Court finds that Magistrate Judge Carlson correctly and comprehensively addressed the substance of Plaintiff's objection in the Reports and Recommendations themselves. (Doc. Nos. 60, 61.) Accordingly, the Court will not write separately to address Plaintiff's objection.

         AND SO, upon independent review of the record and applicable law, on this 28th day of April 2017, IT IS ORDERED THAT:

         1. Magistrate Judge Carlson's Report and Recommendation (Doc. No. 60), is ADOPTED;

         2. Defendant Lisiak's motion for summary judgment (Doc. No. 47), is GRANTED;

         3. Magistrate Judge Carlson's Report and Recommendation (Doc. No. 61), is ADOPTED;

         4. Defendant Biscoe, Butts, and Wagner's motion for summary judgment (Doc. No. 50), is GRANTED;

         5. All remaining John and Jane Doe defendants are dismissed from this action; and

         5. The Clerk of Court is directed to enter judgment in favor of Defendants Lisiak, Biscoe, Butts, ...


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