Camp v. Overton

Full title: FRANK CAMP, Plaintiff, v. MAXINE OVERTON, et al., Defendants

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

Date published: Nov 1, 2011

Civil Action No. 10-281 Erie (W.D. Pa. Nov. 1, 2011)

Opinion

Civil Action No. 10-281 Erie.

November 1, 2011

MEMORANDUM ORDER

SEAN McLAUGHLIN, District Judge

This action was received by the Clerk of Court on November 22, 2010 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 [ECF No. 27], filed on October 11, 2011, recommended that the motion to dismiss filed by Defendant Overton [ECF No. 15] be granted as to Plaintiff's Eighth Amendment deliberate indifference claim. A retaliation claim remains pending against Defendant Overton. The parties were allowed fourteen (14) days from the date of service to file objections and no objections were filed. After de novo review of the documents in the case, together with the Report and Recommendation, the following order is entered:

AND NOW, this 1^st day of November, 2011;

IT IS HEREBY ORDERED that the motion to dismiss filed by Defendant Overton [ECF No. 15] is GRANTED as to Plaintiff's Eighth Amendment deliberate indifference claim. A retaliation claim remains pending against Defendant Overton.

The Report and Recommendation [ECF No. 27] of Magistrate Judge Baxter, filed on October 11, 2011 is adopted as the opinion of the Court.