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Pino v. Carey

United States District Court, M.D. Pennsylvania

December 8, 2017

JOHN A. PINO, Plaintiff
v.
MICHAEL CAREY, et al., Defendants

          MEMORANDUM

          MALACHY E. MANNION United States District Judge.

         Pending before the court is the June 16, 2017 report of Judge Carlson, (Doc. 69), which recommends that defendant Carey's motion for summary judgment, (Doc. 41), be granted based on qualified immunity in this civil rights action raising a Fourth Amendment excessive force claim. All of the other defendants in this case, except for defendant Carey, have previously been dismissed. After being granted several motions for extensions of time to object to Judge Carlson's report, plaintiff filed his objections on October 31, 2017, with attached exhibits. (Doc. 79). The court has reviewed Judge Carlson's report, plaintiff's objections to it as well as defendant Carey's response to the objections, and it will ADOPT IN ITS ENTIRETY the report and GRANT defendant Carey's motion for summary judgment. Plaintiff's objections to Judge Carlson's report will be OVERRULED.

         I. BACKGROUND[1]

         Briefly, by way of background, on June 16, 2015, the pro se plaintiff, John A. Pino, an inmate at SCI-Houtzdale, PA, filed the instant civil rights action pursuant to 42 U.S.C. §1983 alleging violations of his constitutional rights by the defendants in relation to events leading to his arrest, conviction and current term of imprisonment. (Doc. 1). The plaintiff is now proceeding on his amended complaint which he filed on July 9, 2015. (Doc. 9). Defendant Michael Carey, Chief of Police of Saint Clair Borough, Pennsylvania, filed his answer to plaintiff's amended complaint with affirmative defenses on March 4, 2016. (Doc. 25).

         Discovery then ensued, including the deposition of plaintiff.

         On October 13, 2016, Carey, now the sole remaining defendant, filed a motion for summary judgment. (Doc. 41). The motion was briefed by the parties and a statement of material facts was filed, as well as exhibits.

         On June 16, 2017, Judge Carlson issued his report and recommended that Carey's motion for summary judgment be granted since he found that Carey was entitled to qualified immunity. (Doc. 69).

         On July 3, 2017, plaintiff filed a motion for an extension of time to file objections to Judge Carlson's reports which the court granted and gave plaintiff until July 31, 2017 to file his objections. (Doc. 70, Doc. 71).

         On August 1, 2017, plaintiff filed a motion for a second extension of time to object to Judge Carlson's report and/or a motion to hold the case in abeyance “due to [plaintiff's] mental incompetence to file a meaningful appeal”, i.e., objections. (Doc. 72). In his motion, plaintiff requested the court to place his case in abeyance “until his mental [condition] stabilizes and the arrival of his corrective lenses.” He also requested that if his stay is denied, that he be given another extension of time to file his objections.

         On September 5, 2017, the court issued a memorandum and order denying plaintiff's request to hold in abeyance and stay this case. The court, however, granted plaintiff's second request for an extension of time until September 18, 2017 within which to file his objections to Judge Carlson's Doc. 69 report. (Doc. 75, Doc. 76).

         On September 20, 2017, plaintiff filed a third motion for an extension of time to object to Judge Carlson's report, (Doc. 77), and the court granted it on September 29, 2017, giving plaintiff until November 1, 2017 to file his objections. (Doc. 78).

         On October 31, 2017, plaintiff filed his objections to Judge Carlson's report, (Doc. 79), with attached exhibits, including excerpts of notes of testimony from his criminal trial, his unsworn Declaration, as well as a copy of a medical record and documents regarding a grievance he filed with the prison in June 2016. (Doc. 79-1). On November 7, 2017, Carey filed a response to plaintiff's objections. (Doc. 80).

         On November 8, 2017, the court issued an Order directing Carey to file the video recordings of the events leading to plaintiff's arrest on August 26, 2013, obtained from the dashboard cameras of police vehicles. (Doc. 81). On November 16, 2017, the court received the video recordings from Carey.

         II. ...


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