Smith v. Hewitt

Full title: ERIC SMITH, Plaintiff, v. OFFICER HEWITT, et al., Defendants

Court: United States District Court, W.D. Pennsylvania

Date published: Mar 10, 2008

Civil Action No. 07-35 Erie (W.D. Pa. Mar. 10, 2008)

Opinion

Civil Action No. 07-35 Erie.

March 10, 2008

MEMORANDUM ORDER

SEAN McLAUGHLIN, District Judge

This civil rights action was received by the Clerk of Court on March 6, 2007, and was referred to United States Magistrate Judge Susan Paradise Baxter for report and recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.

The Magistrate Judge's Report and Recommendation [Doc. No. 32], filed on February 21, 2008, recommended that Defendants' partial motion for judgment on the pleadings [Doc. No. 15] be granted. The parties were allowed ten (10) days from the date of service to file objections. Service was made on Plaintiff by certified mail and on Defendants. No objections were filed. After de novo review of the motion and documents in the case, together with the Report and Recommendation, the following order is entered:

AND NOW, this 10^th day of March, 2008;

IT IS HEREBY ORDERED that the Defendants' partial motion for judgment on the pleadings [Doc. No. 15] is GRANTED.

The Report and Recommendation [Doc. No. 32] of Magistrate Judge Baxter, filed on February 21, 2008, is adopted as the opinion of the Court.