NICASTRO v. RITCHEY et al, No. 3:2015cv00182 - Document 54 (W.D. Pa. 2023)

Court Description: MEMORANDUM OPINION AND ORDER - It is HEREBY ORDERED that Magistrate Judge Pesto's R&R at ECF No. 5 is adopted as the Opinion of the Court for its reasoning and conclusion. IT IS FURTHER ORDERED that the clerk of court dismiss from this case t he six defendants other than Defendants P. Joel Ritchey and Lorrie Earnesty-namely, Defendants Yletta Clark, James Rievel, John Cree, William Mailman, Trevor Wingard, and Dorina Varner. IT IS FURTHER ORDERED that Magistrate Judge Pesto's R&R at ECF No. 49 is adopted as the Opinion of the Court for its reasoning and conclusion as to Plaintiff's Retaliation claim. The Court does not adopt the R&R's reasoning or conclusion as to Plaintiff's Establishment Clause claim. IT IS FU RTHER ORDERED that the Defendant's motion for summary judgment at ECF No. 19 is GRANTED IN PART as to Plaintiff's Retaliation claim, and it is DENIED IN PART as to Plaintiff's Establishment Clause claim, and as more fully stated in said Memorandum Opinion. Signed by Judge Kim R. Gibson on 2/2/2023. (dlg)

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