SHELLEY v. SOMERSET COUNTY JAIL, et al, No. 3:2004cv00001 - Document 45 (W.D. Pa. 2008)

Court Description: MEMORANDUM OPINION and ORDER granting in part and denying in part 21 MOTION for Summary Judgment filed by TIMOTHY MAPES. Defendant's Motion is GRANTED as to Plaintiff's Eighth Amendment claim that Defendant was deliberately indifferent to his serious medical need for dental care and DENIED as to Plaintiff's Eighth Amendment claim that Defendant was deliberately indifferent to the threat that a fellow inmate would assault him. Summary Judgment is GRANTED in favor of Defendant an d against Plaintiff as to Plaintiff's Eighth Amendment claim that Defendant was deliberately indifferent to his serious medical need for dental care. The 43 Report and Recommendation of Magistrate Judge Pesto, filed on August 27, 2008, is ado pted as the Opinion of the Court, along with the reasons set forth herein. The parties shall file with the Court whether they consent to trial before the Magistrate Judge no later than October 9, 2008. Signed by Judge Maurice B. Cohill on 9/25/2008. (sjs)