HANDY v. VARNER et al, No. 2:2012cv01091 - Document 38 (W.D. Pa. 2013)

Court Description: MEMORANDUM AND OPINION re 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 23 MOTION for Summary Judgment. Based on Handy's Complaint, the Court finds that Handy has failed to state an Eighth Amendment claim sufficient to withstand M olluras Motion to Dismiss. That Motion will, therefore, be granted without prejudice to Handys right to amend his Complaint to correct the deficiencies in his constitutional claims if he is able to do so. For the reasons set out in the Courts discussion of the exhaustion issue, the Motion for Summary Judgment filed by the remaining Defendants will be denied. An appropriate Order follows. Signed by Magistrate Judge Cynthia Reed Eddy on 4/12/2013. (jlh )