Cooley v. Barber

Full title: KELLEY TROY COOLEY, JR., Plaintiff, v. DETECTIVE SGT. JOHN BARBER, et al.…

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

Date published: Jul 5, 2007

C.A. No. 06-160 Erie (W.D. Pa. Jul. 5, 2007)

Opinion

C.A. No. 06-160 Erie.

July 5, 2007

MEMORANDUM ORDER

SEAN McLAUGHLIN, District Judge

Plaintiff's civil rights complaint was received by the Clerk of Court on July 18, 2006 and was referred to Chief 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 Chief Magistrate Judge's report and recommendation, filed on May 11, 2007 [42], recommended that: (1) the motion to dismiss filed by Defendants WJET-TV, Lafferty, and Mullenax [19] be granted; (2) the motion to dismiss filed by Defendant Barber [22] be granted; and (3) the motion to dismiss filed by Defendants Mead, Howard, and Thompson [24] be granted. The parties were allowed ten (10) days from the date of service to file objections. Plaintiff's objections [45] were filed on June 21, 2007, and Defendants' responses [46] and [47] were filed on June 27 and 28, 2007.

After de novo review of the Complaint and the documents in the case, together with the Report and Recommendation, Plaintiff's objections and the Defendants' responses thereto, the following order is entered:

AND NOW, this 5^th Day of July, 2007, IT IS HEREBY ORDERED that:

(1) the motion to dismiss filed by Defendants WJET-TV, Lafferty, and Mullenax [19] is GRANTED;

(2) the motion to dismiss filed by Defendant Barber [22] is GRANTED; and

(3) the motion to dismiss filed by Defendants Mead, Howard, and Thompson [24] is GRANTED.

The report and recommendation of Chief Magistrate Judge Baxter dated May 11, 2007 [42] is adopted as the opinion of this Court.