govinfo:USCOURTS-pawd-2_24-cv-00766-1

IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF PENNSYLVANIA 
 
GREGORY O. FANN, JR., 
 
 Plaintiff, 
 
 v. 
 
DR LAUREL R. HARRY 
Secretary of the Department of Corrections, ET 
AL., 
 
 Defendants. 
 
 
 
 
24cv0766 
ELECTRONICALLY FILED 
 
 
Order denying Appeal of Order denying Plantiff’s Motion for Summary Judgment as Premature 
 
 Plaintiff, a state prisoner in the custody of the Pennsylvania Department of Corrections, 
filed the instant pro se civil rights action pursuant to 42 U.S.C. Section 1983, on May 23, 2024, 
alleging now in his operative Second Amended Complaint, numerous civil rights claims based 
upon events that that allegedly occurred when he was housed at the State Correctional Institution 
at Fayette (“SCI – Fayette”).. This matter was referred to United States Magistrate Judge 
Maureen P. Kelly for proceedings in accordance with the Magistrates Act, 28 U.S.C. § 636, and 
Local Civil Rule 72. 
 Pending before this Court is Defendants’ Partial Motion to Dismiss the Complaint for 
failure to state a claim upon which relief may be granted. That Motion is before Magistrate 
Judge Kelly, pending a Report and Recommendation thereon. Plaintiff has since filed a Motion 

for Summary Judgment, which Judge Kelly denied by text Order as premature. Specifically, the 
Order of April 7, 2026, states as follows: “ORDER denying without prejudice 57 Plaintiff's 
Motion for Summary Judgment. The motion is denied as premature because there is a pending 
Motion to Dismiss filed by Defendants and, as such, an answer has not yet been filed and the 
pleadings have not been closed. No discovery has been conducted.” (Doc. 66). 
 Plaintiff was allotted 14 days to appeal said Order, and he did so by filing on April 21, 
2026. The Court cannot discern the basis for his objection other than to restate a brief review of 
the procedural history of this case and that he seeks the Court to deny the partial motion to 
dismiss, which is the subject of a separate briefing. Summary Judgment was denied as 
premature given the procedural posture of this case 
After de novo review of the Record in this matter, the Court affirms the Order denying 
the Motion for Summary Judgment as Premature, and for the reasons stated by Magistrate Judge 
Kelly and therefore DENIES the appeal of Plaintiff (doc. 67). 
 SO ORDERED this 8th day of June, 2026. 
s/Arthur J. Schwab 
Arthur J. Schwab 
United States District Judge 
 
CC: All ECF registered counsel of record 
GREGORY O. FANN, JR. 
 JL5698 SCI PINE GROVE 
189 FYOCK ROAD 
 INDIANA, PA 15701 
 

Passage view · GavelSight