Summary
concluding that because the PLRA requires administrative exhaustion, the statute of limitations may be tolled pending completion of exhaustion of the prison grievance system
Summary of this case from Millbrook v. United StatesOpinion
Civil Action No. 10-561
03-14-2013
JEVON EVERETT, Plaintiff, v. NORT, et al., Defendants.
District Judge Arthur J. Schwab
MEMORANDUM ORDER
The above captioned case was initiated by the filing of a motion to proceed in forma pauperis (ECF No, 1) on May 4, 2010, and was referred to a united states magistrate judge for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and the local rules of court.
On February 27, 2013, the Magistrate Judge filed a Report and Recommendation (ECF No. 94) recommending that the Motion for Summary Judgment filed by Defendants Allegheny County Jail, Chronister, Coulter, Kengerski, Moore, Nort, Pindel, Rubel and Rustin (ECF No. 66) be granted and that the Motion for Summary Judgment filed by Defendant Allegheny County Health Services, Inc. (ECF No. 70) be granted. Plaintiff filed Objections to the Report and Recommendation on March 13, 2013 (ECF No. 96). Plaintiffs Objections do not undermine the recommendation of the Magistrate Judge.
After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, and the Objections thereto, the following order is entered:
AND NOW, this 14th day of March, 2013;
IT IS HEREBY ORDERED that the Motion for Summary Judgment filed by Defendants Allegheny County Jail, Chronister, Coulter, Kengerski, Moore, Nort, Pindel, Rubel and Ramon Rustin (ECF No. 66) is GRANTED.
IT IS FURTHER ORDERED that the Motion for Summary Judgment filed by Defendant Allegheny County Health Services, Inc. (ECF No. 70) is GRANTED.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF. No. 94) dated February 27, 2013, is ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.
By the Court:
________
Arthur J. Schwab
United States District Judge
Jevon Everett
HW1387
SCI-Graterford
PO Box 244
Graterford. PA 19426