Clemens v. Sci-Albion

Full title: JAMES CLEMENS, Plaintiff, v. SCI-ALBION, et al., Defendants

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

Date published: Dec 19, 2006

Civil Action No. 05-325 Erie (W.D. Pa. Dec. 19, 2006)

Opinion

Civil Action No. 05-325 Erie.

December 19, 2006

MEMORANDUM ORDER

SEAN McLAUGHLIN, District Judge

This civil rights action was received by the Clerk of Court on October 31, 2005, 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. 39], filed on November 29, 2006, recommended that the motion to dismiss filed by Defendant Baker [Doc. No. 17] be granted, and that the motion to dismiss or for summary judgment filed by the Commonwealth Defendants [Doc. No. 22] 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 motions and documents in the case, together with the Report and Recommendation, the following order is entered:

AND NOW, this 19^th day of December, 2006;

IT IS HEREBY ORDERED that the motion to dismiss filed by Defendant Baker [Doc. No. 17] is GRANTED, and the motion to dismiss or motion for summary judgment filed by the Commonwealth Defendants [Doc. No. 22] is GRANTED.

The Report and Recommendation [Doc. No. 39] of Magistrate Judge Baxter, filed on November 29, 2006, is adopted as the opinion of the Court.